CHAPTER 660

An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to workmen’s compensation; to that end to repeal
Title 65 of the Code of Virginia, which title includes Chapters 1 to
11 and §§ 65-1 to 65-134, inclusive, of the Code of Virginia, as amended,
and relates to workmen’s compensation; to amend the Code of Vir-
ginia by adding thereto, in lieu of the foregoing title, chapters and
sections of the Code repealed by this act, a new title numbered 65.1
which new title includes new chapters numbered 1 to 10, inclusive,
and new sections numbered 65.1-1 to 65.1-137, inclusive, relating to
workmen’s compensation; and to prescribe when such revision and
recodification shall become effective.

[H 298]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That Title 65 of the Code of Virginia, which title includes chapters
1 to 11 and §§ 65-1 to 65-134, inclusive, of the Code of Virginia, as amended,
is repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code herein repealed, a new title
numbered 65.1, new chapters numbered 1 to 10, inclusive, and new sections
numbered 65.1-1 to 65.1-137, inclusive, which new title, chapters and
sections are as follows:

CHAPTER 1.
DEFINITIONS AND GENERAL PROVISIONS.

§ 65.1-1. Short title—This title shall be known as the “Virginia Work-
men’s Compensation Act” and is hereinafter sometimes referred to as
“the Act” or “this Act”.

§ 65.1-2. Meanings of certain terminology and scope of law.—The
meanings to be attached to certain terminology and the scope and coverage
of this act are as set forth specifically in the several following sections.

§ 65.1-3. Employers defined.—Unless the context otherwise requires,
“employers” includes the State and any municipal corporation therein or
any political division thereof and any individual, firm, association or cor-
poration, or the receiver or trustee of the same, or the legal representative
of a deceased employer, using the service of another for pay. If the em-
ployer is insured it includes his insurer so far as applicable.

§ 65.1-4. Employee defined.—Unless the context otherwise requires,
“employee” includes every person, including a minor, in the service of an-
other under any contract of hire or apprenticeship, written or implied,
except one whose employment is not in the usual course of the trade, busi-
ness, occupation or profession of the employer; and as relating to those so
employed by the State the term “employee” includes the officers and mem-
bers of the National Guard, the Virginia State Guard and the Virginia
Reserve Militia, registered members on duty or in training of the United
States Civil Defense Corps of this State, the forest wardens, the judges,
clerks and other employees of regional juvenile and domestic relations
courts and all other officers and employees of the State, except only such as
are elected by the people or by the General Assembly, or appointed by the
Governor, either with or without the confirmation of the Senate, provided
that this exception shall not apply to any “State employee” as defined in
paragraph (5) of § 51-111.10 nor to members of the Industrial Commission
and the State Corporation Commission, nor to the Superintendent of State
Police; as relating to municipal corporations and political subdivisions of
the State, the term “employee” includes all officers and employees thereof,
except such as are elected by the people or by the governing body of the
municipal corporation or political subdivision, who act in purely adminis-
trative capacities and are to serve for a definite term of office. Policemen
and firemen. and sheriffs and their deputies, town and city sergeants and
town and city deputy sergeants, county and city commissioners of the
revenue, county and city treasurers, attorneys for the Commonwealth,
clerks of courts of record, juvenile and domestic relations courts and county
and municipal courts, and their deputies, officers and employees, shall be
deemed to be employees of the respective cities, counties or towns in which
their services are employed and by whom their salaries are paid or in
which their compensation is earnable. Every executive officer elected or
appointed and empowered in accordance with the charter and bylaws of a
corporation, municipal] or otherwise, shall be an employee of such corpora-
tion under this act, except as otherwise provided herein with respect to
municipal corporations and political subdivisions of the State. Any refer-
ence to an employee who has been injured shall, when the employee is dead,
include also his legal representative, dependents and other persons to whom
compensation may be payable.

§ 65.1-5. Employees of independent contractors.—Nothing in this act
contained shall be construed to make, for the purposes of this act, the
employees of an independent contractor the employees of the person or
corporation employing or contracting with such independent contractor.

§ 65.1-6. Average weekly wages defined.—Unless the context other-
wise requires, “average weekly wages” means the earnings of the injured
employee in the employment in which he was working at the time of the
Injury during the period of fifty-two weeks immediately preceding the date
of the injury, divided by fifty-two; but if the injured employee lost more
than seven consecutive calendar days during such period, although not in
the same week, then the earnings for the remainder of the fifty-two weeks
shall be divided by the number of weeks remaining after the time so lost
has been deducted. When the employment prior to the injury extended
over a period of less than fifty-two weeks, the method of dividing the earn-
ings during that period by the number of weeks and parts thereof during
which the employee earned wages shall be followed, provided results fair
and just to both parties will be thereby obtained. When by reason of a
shortness of time during which the employee has been in the employment
of his employer or the casual nature or terms of his employment it 1s 1m-
practical to compute the average weekly wages as above defined, regard
shall be had to the average weekly amount which during the fifty-two
weeks previous to the injury was being earned by a person of the same
grade and character employed in the same class of employment in the same
locality or community.

But when for exceptional reasons the foregoing would be unfair either
to the employer or employee, such other method of computing average
weekly wages may be resorted to as will most nearly approximate the
amount which the injured employee would be earning were it not for the
injury.

Whenever allowances of any character made to an employee in lieu of
wages are a specified part of the wage-contract, they shall be deemed a part
of his earnings. For the purpose of this act the average weekly wage of
the noncommissioned officers and members of the National Guard, the Vir-
ginia State Guard and the Virginia Reserve Militia, registered members on
duty or in training of the United States Civil Defense Corps of this State,
and forest wardens, shall be deemed to be such amount as will entitle them
to the maximum compensation payable under this act; provided, however,
that any award entered under the provisions of this title on behalf of offi-
cers, noncommissioned officers or members of the National Guard or their
dependents, or registered members on duty or in training of the United
States Civil Defense Corps of this State or their dependents, shall be sub-
ject to credit for benefits paid them under existing or future federal law on
account of injury or occupational disease covered by the provisions of the
Virginia Workmen’s Compensation Act.

§ 65.1-7. Injury defined.—Unless the context otherwise requires, ‘“‘in-
jury” and “personal injury” mean only injury by accident, or occupational
disease as hereinafter defined, arising out of and in the course of the
employment and do not include a disease in any form, except when it
results naturally and unavoidably from either of the foregoing causes.

§ 65.1-8. Change in condition defined.—Change in condition as used in
this act means a change in physical condition of the employee as well as
any change in the conditions under which compensation was awarded or
terminated which would affect the right to, amount of, or duration of
compensation.

§ 65.1-9. No relief from penalty for failure or neglect of statutory
duty.—Nothing in this act shall be construed to relieve any employer or
employee from penalty for failure or neglect to perform any statutory duty.

CHAPTER 2.
INDUSTRIAL COMMISSION.

§ 65.1-10. Commission continued; members and chairman.—The In-
dustrial Commission of Virginia is continued within the Department of
Workmen’s Compensation, and shall consist of three members, one of
whom shall be chosen by the joint vote of the two ':.ouses of the General
Assembly during the month of January of each regular session of the
General Assembly and who shall serve for terms of six years from the first
day of February next succeeding election.

Whenever a vacancy in the Commission shall occur or exist when the
General Assembly is in session, it shall elect a successor for the unexpired
term. If the General Assembly is not in session, the Governor shall forth-
with appoint pro tempore a qualified person to fill the vacancy for a term
ending thirty days after the commencement of the next session of the
General Assembly, and the General Assembly shall elect a successor for the
unexpired term.

Not more than one member of the Commission shall be a person who on

account of his previous vocation, employment or affiliation shall be classi-
fied as a representative of employers, and not more than one such appointee
shall be a person who on account of his previous vocation, employment or
affiliation shall be classed as a representative of employees. The Commis-
sion thus composed shall elect one of its number chairman. Each member
of the Commission shall devote his entire time to the duties of his office and
shall not hold any position of trust or profit or engage in any occupation or
business interfering or inconsistent with his duties as such member.

§ 65.1-11. Deputies, clerk, bailiffs, secretary and other employees of
the Commission.—The Commission, subject to the provisions of Chap. 9
of Title 2, may appoint deputies, a clerk, bailiffs, a secretary and such other
clerical or other assistants as it may deem necessary, and the compensation
of such secretary and of such clerical and other assistants shall be such as
may be provided by law for the purpose. ;

§ 65.1-12. Deputy Commissioners; Powers Thereof.—Deputy commis-
sioners shall have the power to subpoena witnesses, administer oaths, take
testimony and hear the parties at issue and their representatives and wit-
nesses and decide the issues in a Summary manner, and make an award
carrying out the decision. Deputies may exercise such other powers and
perform such duties of the commission as may be delegated to them by the
commission.

§ 65.1-13. Powers and duties of bailiffs of Commission.—The bailiffs
of the Commission shall, in all matters within the jurisdiction of the Com-
mission, have the powers, discharge the functions, and perform the duties
of a sheriff or sergeant under the law. They shall preserve order during
the public sessions of the Commission, and may make arrests and serve and
make return on any writ or process awarded by the Commission, and
execute any writ, order, or process of execution awarded upon the findings
or judgments of the Commission in any matter within its jurisdiction.
They shall exercise such other powers and perform such duties as may be
delegated to them.

§ 65.1-14. Traveling expenses.—The members of the Commission and
its assistants shall be entitled to receive from the State their actual and
necessary expenses while traveling on the business of the Commission.

§ 65.1-15. Audit and payment of salaries and expenses.—All salaries
and expenses of the Commission shall be audited and paid out of the State
treasury in the manner prescribed for similar expenses in other depart-
ments or branches of the State service.

§ 65.1-16. Offices of Commission; records, etc.—The Commission shall
be provided with adequate offices in the capitol or some other suitable
building in the city of Richmond, in which the records shall be kept and its
official business transacted during regular business hours; it shall also be
provided with necessary office furniture, stationery and other supplies.

§ 65.1-17. Where sessions held.—The Commission or any member
thereof may hold sessions at any place within the State as may be deemed
necessary by the Commission.

§ 65.1-18. Rules of Commission; process and procedure.—The Com-
mission may make rules, not inconsistent with this act, for carrying out
the provisions of this act. Processes and procedure under this act shall be
aS Summary and simple as reasonably may be. The Commission or any
member thereof or any person deputized by it may for the purpose of this
act subpoena witnesses, administer or cause to be administered oaths, and
2xamine or cause to be examined such parts of the books and records of the
parties to a proceeding as relate to questions in dispute arising in instances
in which the Commission has power to grant compensation, and also in
mstances in which the like agency of some state has such power, provided
ike services are rendered to the Commission by such agency of such other
state.
65.1-19. Service of process; fees and mileage.—The coun :
or sity or town sergeant or sheriff, and their respective deputies, shal erat
all subpoenas of the Commission or its deputies and shall receive the same
fees as are now provided by law for like civil actions. Each witness who
appears in obedience to such subpoena of the Commission shall receive for
attendance the fees and mileage for witnesses in civil cases in courts

§ 65.1-20. Enforcing attendance of witnesses, etc——The Commission
or any member or Deputy Commissioner shall have authority to enforce the
attendance of all parties in interest and of witnesses and the production
and examination of books, papers and records and to punish for contempt
or disobedience of its orders as is vested in courts and judges by § 18.1-299
of this Code, of Chapter 14, Title 19.1 of this Code. :

§ 65.1-21. Mleans of enforcing attendance of witnesses.—The clerk of
the circuit court of the county or the hustings or corporation court of the
city in which a proceeding under this title is pending, shall, upon the
application of the Commission or any member or deputy thereof, or any
party in interest, issue subpoenas for and enforce the attendance at such
proceeding of any witnesses whose testimony is sought.

§ 65.1-22. Blank forms, etc.; reports by and to Commission.—The
Commission shall prepare and cause to be printed, and upon request fur-
nish free of charge to any employee or employer, such blank forms and
literature as it shall deem requisite to facilitate or promote the efficient
administration of this act.

The Commission shall tabulate the accident reports received from em-
ployers in accordance with §§ 65.1-124 and 65.1-125, and shall publish the
same in the annual report of the Commission and as often as it may deem
advisable, in such detailed or aggregate form as it may deem best. The
name of the employer or employee shall not appear in such publications,
and the employers’ reports themselves shall be private records of the
Commission and shall not be open for public inspection except for the
inspection of the parties directly involved. and only to the extent of such
Interest. These reports shall not be used as evidence against any employer
in any suit at law brought by any employee for the recovery of damages.

CHAPTER 8.

APPLICATION AND EFFECT OF ACT.

§ 65.1-23. Presumption of acceptance of provisions of Act to pay and
accept compensation.—Every employer and employee, except as herein
stated, shall be conclusively presumed to have accepted the provisions of
this act respectively to pay and accept compensation for personal injury
or death by accident arising out of and in the course of the employment
and shall be bound thereby, unless, in the case of any such employee, he
shall have given prior to any accident resulting in injury or death notice to
the contrary in the manner herein provided.

§ 65.1-24. Public employees cannot exempt themselves.—No employee
of the State or of any municipal corporation or any political subdivision
thereof shall have the right to reject the provisions of this act relative to
payment and acceptance of compensation; and the provisions of §§ 65.1-25,
65.1-26, 65.1-36 and 65.1-44 shall not applv to them.

§ 65.1-25. Waiver of exemption.—An employee, who has exempted
himself, by proper notice, from the operation of this act, may at any time
waive such exemption and thereby accept the provisions of this act by giv-
ing notice as herein provided.

§ 65.1-26. When notice effective; how given.—The notices referred to
in §§ 65.1-23 and 65.1-25 shall not be effective as to any accident resulting
in injury or death that occurs within thirty days after the giving of any
such notice; provided that if any such accident occurs less than thirty days
after the date of employment, a notice under § 65.1-23 given at the time of
employment shall be effective as to such accident. The notice shall be in
writing or print in substantially the form prescribed by the Industrial
Commission and shall be given by the employee by sending the same in
registered letter, addressed to the employer at his last known residence or
place of business, or by giving it personally to the employer or any of his
agents upon whom a summons in civil action may be served under the laws
of the State.

A copy of the notice in prescribed form shall also be filed with the Indus-
trial Commission. ;

§ 65.1-27. Interstate carriers by rail excepted from Act.—This Act
shall not apply to any common carrier by railroad engaging in commerce
between any of the several states or territories or between the District of
Columbia and any of the states or territories and any foreign nation or
nations, nor to any person suffering injury or death while he is employed
by such carrier in such commerce; nor shall this act be construed to lessen
the liability of any such common carrier or to diminish or take away in any
respect any right that any person so employed or the personal representa-
tive or kindred or relation or dependent of such person may have under the
act of Congress relating to the liability of common carriers by railroad to
their employees in certain cases, approved April twenty-second, nineteen
hundred eight, or under §§ 8-641 to 8-646 or § 56-441.

§ 65.1-28. Intrastate carriers; casual employees; other excepted em-
ployments.—This act shall not apply to common carriers by railroad who
are engaged in intrastate trade or commerce nor shall this act be construed
to lessen the liability of such common carriers or take away or diminish
any right that any employee or, in case of his death, the personal represent-
ative of such employee of such common carrier may have under §§ 8-641
to 8-646 or § 56-441, nor to casual employees, farm and horticultural
laborers and domestic servants, nor to employers of such persons, nor to
any person, firm or private corporation, including any public service cor-
poration, that has regularly in service less than seven employees in the
same business within this State; unless such employees and their employers
voluntarily elect to be bound by this act.

§ 65.1-29. Liability of owner to workmen of subcontractors.—When
any person (in this section and §§ 65.1-31 and 65.1-32 referred to as
“owner’’) undertakes to perform or execute any work which is a part of his
trade, business or occupation and contracts with any other person (in this
section and §§ 65.1-31 to 65.1-34 referred to as “subcontractor’’) for the
execution or performance by or under such subcontractor of the whole or
any part of the work undertaken by such owner, the owner shall be liable
to pay to any workman emploved in the work any compensation under this
act which he would have been liable to pay if the workman had been imme-
diately employed by him.

§ 65.1-30. Liability of contractor to workmen of subcontractor.—
When any person (in this and the four succeeding sections referred to as
“contractor’’) contracts to perform or execute any work for another per-
son which work or undertaking is not a part of the trade, business or occu-
pation of such other person and contracts with any other person (in this
section and §§ 65.1-31, 65.1-32, 65.1-33 and 65.1-34 referred to as “sub-
contractor’) for the execution or performance by or under the sub-
contractor of the whole or any part of the work undertaken by such con-
tractor, then the contractor shall be liable to pay to any workman em-
ployed in the work any compensation under this act which he would have
been liable to pay if that workman had been immediately employed by him.

§ 65.1-31. Liability of subcontractor to workmen of sub-subcontrac-
tor.—When the subcontractor in turn contracts with still another person
(in this section and §§ 65.1-32, 65.1-33 and 65.1-34 also referred to as
subcontractor”) for the performance or execution by or under such last
subcontractor of the whole or any part of the work undertaken by the
first subcontractor, then the liability of the owner or contractor shall be
the same as the liability imposed by the two preceding sections.

§ 65.1-32. Construction of Act when proceedings are against owner
or contractor.—When compensation is claimed from or proceedings are
taken against the owner or contractor, then in the application of this act
reference to the owner or contractor shall be substituted for reference to
the subcontractor, except that the amount of compensation shall be calcu-
lated with reference to the earnings of the workman under the sub-
contractor by whom he is immediately employed.

§ 65.1-33. Indemnity of principal from subcontractor.—When the
principal contractor is liable to pay compensation under any of the four
preceding sections, he shall be entitled to indemnity from any person who
would have been liable to pay compensation to the workman independently
of such sections or from an intermediate contractor and shall have a cause
of action therefor.

A principal contractor when sued by a workman of a subcontractor
shall have the right to call in that subcontractor or any intermediate
contractor or contractors as defendant or codefendant.

§ 65.1-34. Workman may recover from subcontractor.—Nothing in
the five preceding sections shall be construed as preventing a workman
from recovering compensation under this act from a subcontractor in-
stead of from the principal contractor but he shall not collect from both.

§ 65.1-35. Voluntary subjection to provisions of Act; effect of taking
out insurance or qualifying as self-insurer.—Those employers and employ-
ees not subject to this act may, by complying with the provisions of the
act and the applicable rules of the Industrial Commission, voluntarily elect
to be bound by it as to accidents or occupational diseases or both.

Every employer taking out a workmen’s compensation insurance policy,
or qualifying as a self-insurer, shall be subject to all the provisions of the
Workmen’s Compensation Act, regardless of the number of employees or
whether he is an employer of farm and horticultural laborers and domestic
servants. Such employers not otherwise covered by the act shall be subject
to the act only during the period covered by such insurance. Every em-
ployee of an employer who has complied with the foregoing requirements
shall be subject to all the provisions of the act unless and until he notifies
the Industrial Commission that he elects not to be bound by the provisions
thereof, in which case the provisions of § 65.1-44 shall be applicable.

§ 65.1-36. Contracts subject to Act.—Every contract of service be-
tween any employer and employee covered by this act, written or implied,
in operation or made or implied prior to the taking effect of this act, shall
be presumed to have continued, subject to the provisions of this act,
and every such contract made subsequent to the taking effect of this act,
unless the employee shall have given or shall give notice, as provided in
§ 65.1-26, to the employer that the provisions of this act other than §§
65.1-44 and 65.1-124 to 65.1-128 are not intended to apply.

A like presumption shall exist equally in the case of all minors, unless
notice of the same character be given by the parent or guardian of the
minor.

§ 65.1-37. Limitation of liability of employer.—No contract or agree-
ment, written or implied, and no rule, regulation or other device shall in
any manner operate to relieve any employer in whole or in part of any
optigation created by this act, except as herein otherwise expressly pro-
vided.

§ 65.1-38. When compensation not allowed for injury or death; burden
of proof.—No compensation shall be allowed for an injury or death:

(1) due to the employee’s willful misconduct, including intentional self-
inflicted injury,
(2) growing out of his attempt to injure another,

(3) due to intoxication, or

(4) due to willful failure or refusal to use a safety appliance or perform
a duty required by statute or the wilful breach of any rule or regulation
adopted by the employer and approved by the Industrial Commission and
brought prior to the accident to the knowledge of the employee.

The burden of proof shall be upon him who claims an exemption or
forfeiture under this section.

§ 65.1-39. Prior injuries.—The provisions of this act shall not apply
to injuries or death or accidents which occurred prior to January first,
nineteen hundred nineteen. ;

§ 65.1-40. Employee’s rights under Act exclude all others.—The rights
and remedies herein granted to an employee when he and his employer
have accepted the provisions of this act respectively to pay and accept com-
pensation on account of personal injury or death by accident shall exclude
all other rights and remedies of such employee, his personal representative,
parents, dependents or next of kin, at common law or otherwise, on account
of such injury, loss of service or death.

§ 65.1-41. Subrogation of employer to employee’s rights against third
parties; evidence; recovery; compromise.—The making of a lawful claim
against an employer for compensation under this act for the injury or
death of his employee shall operate as an assignment to the employer of any
right to recover damages which the injured employee or his personal rep-
resentative or other person may have against any other party for such
injury or death, and such employer shall be subrogated to any such right
and may enforce, in his own name or in the name of the injured employee
or his personal representative, the legal liability of such other party. The
amount of compensation paid by the employer or the amount of compensa-
tion to which the injured employee or his dependents are entitled shall not
be admissible as evidence in any action brought to recover damages. Any
amount collected by the employer under the provisions of this section in
excess of the amount paid by the employer or for which he is liable shall be
held by the employer for the benefit of the injured employee or other per-
son entitled thereto, less a proportionate share of such amounts as are paid
by the employer for reasonable expenses and attorney’s fees as provided in
§ 65.1-43. No compromise settlement shall be made by the emplover in the
exercise of such right of subrogation without the approval of the Industrial
Commission and the injured employee or the personal representative or
dependents of the deceased employee being first had and obtained.

§ 65.1-42. Protection of employer when employee sues third party.—
In any such action by such employee, his personal representative or other
person against any person other than the employer, the court shall, on peti-
tion or motion of the employer at any time prior to verdict, ascertain the
amount of compensation paid and expenses for medical, surgical and hos-
pital attention and supplies, and funeral expenses, incurred by the em-
ployer under the provisions of this act, and deduct therefrom a propor-
tionate share of such amounts as are paid by the plaintiff for reasonable
expenses and attorney’s fees as provided in § 65.1-43; and in event of judg-
ment against such person other than the employer the court shall in its
order require that the judgment debtor pay such compensation and ex-
penses of the employer, less said share of expenses and attorney’s fees, so
ascertained by the court out of the amount of the judgment, so far as
sufficient, and the balance, if any, to the judgment creditor.

§ 65.1-43. Expenses and attorney’s fees in action under §§ 65.1-41 or
65.1-42.—In any such action, or claim for damages, by such employee,
his personal representative or other person against any person other than
the employer, and in any such action brought, or claim asserted, by the
employer under his right of subrogation provided for in § 65.1-41, if a
recovery is effected, either by judgment or voluntary settlement, the rea-
sonable expenses and reasonable attorney’s fees of such claimants shall
be apportioned pro rata between the employer and the employee, his per-
sonal representative or other person, as their respective interests may
appear.

§ 65.1-44. Employer’s defenses when employee has elected not to come
under Act.—An employee who elects not to operate under this act shall,
in any action to recover damages for personal injury or death brought
against an employer accepting the compensation provisions of this act,
proceed at common law, and the employer may avail himself of the defenses
of contributory negligence. negligence of a fellow servant and assumption
of risk. as such defenses exist at common law.

§ 65.1-45. Voluntary settlements.—Nothing herein contained shall be
construed so as to prevent settlements made by and between the employee
and employer, but rather to encourage them, so long as the amount of com-
pensation and the time and manner of payment are approved by the Com-
mission in accordance with § 65.1-93 of this act. A copy of such settlement
agreement shall be filed, by employers, with the Commission.

CHAPTER 4.

OCCUPATIONAL DISEASES.

§ 65.1-46. Occupational disease defined.—As used in this act, _unless
the context clearly indicates otherwise, the term “occupational disease”
means a disease arising out of and in the course of the employment. No
ordinary disease of life to which the general public is exposed outside of
the employment shall be compensable, except:

(1) When it follows as an incident of occupational disease as defined
in this title; or

(2) When it is an infectious or contagious disease contracted in the
course of employment in a hospital or sanitarium. ;

A disease shall be deemed to arise out of the employment only if there is
apparent to the rational mind, upon consideration of all the circumstances:

(1) <A direct causal connection between the conditions under which
work is performed and the occupational disease,

(2) It can be seen to have followed as a natural incident of the work as
a result of the exposure occasioned by the nature of the employment,

(3) It can be fairly traced to the employment as the proximate cause,

(4) It does not come from a hazard to which workmen would have been
equally exposed outside of the employment,

(5) It is incidental to the character of the business and not inde-
pendent of the relation of employer and employee, and

(6) It must appear to have had its origin in a risk connected with the
employment and to have flowed from that source as a natural consequence,
though it need not have been foreseen or expected before its contraction.

§ 65.1-47. Schedule of occupational diseases.—The following diseases
and conditions shall be deemed to be occupational diseases, and even they
shall not be so considered unless they are in fact occupational within the
meaning of the term “occupational disease” as defined in the preceding sec-

on:

(1) Anthrax;

(2) Tenosynovitis, bursitis, and epicondylitis ;

(3) Cataract of the eyes due to exposure to the heat and glare of molten
glass or to radiant rays such as infrared;

(4) Compressed air illness;

(5) Conjunctivitis or retinitis due to exposure to radiant rays;

(6) Cellulitis;

(7) Dermatitis;

(8) Epitheliomatous cancer or ulceration of the skin or of the corneal
surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin,
mineral oil or their compounds, products or residues ;

(9) Glanders;

(10) Infection or inflammation of the skin or eyes or other external
contact surfaces or oral or nasal cavities due to irritating oil, cutting com-
pounds, chemical dust, liquid fumes, gases or vapors;

(11) Infectious or contagious diseases contracted in the course of em-
ployment in or in immediate connection with a hospital or sanitarium or
public health laboratory ; ..

(12) Poisoning by: (i) Ammonia; (ii) Arsenic; (iii) Benzol or de-
rivatives of benzene; (iv) Brass; (v) Cadmium; (vi) Carbon bisulphide
or any sulphide; (vii) Carbon dioxide; (viii) Carbon monoxide; (ix) Car-
bon tetrachloride or other toxic chlorinated hydrocarbons or toxic halogen-
ated hydrocarbons; (x) Chlorine; (xi) Cyanide; (xii) Dinitrophenol ;
(xi) Formaldehyde and its preparations; (xiv) Hydrochloric acid; (xv)
Hydrofiuoric acid; (xvi) Hydrogen sulphide; (xvii) Lead; (xviii) Man-
ganese; (xix) Mercury; (xx) Menthanol (wood alcohol) ; (xxi) Methyl!
chloride; (xxii) Nickel carbonyl; (xxiii) Nitrous fumes; (xxiv) Nitric
acid; (xxv) Petroleum or petroleum products; (xxvi) Phosphorus; (xxvii)
Sulphur dioxide; (xxviii) Sulphuric acid; (xxix) Tetrachlormethane or
any substance used as or in conjunction with a solvent for acetate of cellu-
lose or nitrocellulose; (xxx) Turpentine; (xxxi) Zinc; or by contact with
any other industrial chemical ; oo

(18) Radium disability or disability due to exposure to radioactive
substances and X-ray;

(14) Silicosis;

(15) Lung diseases due to the occupational exposure to asbestos, and
other fibrous silicates; to nonfibrous silicates, including mica, Fuller’s
Earth, kaolin; to inorganic dusts of calcium, iron, tin, barium, aluminum,
beryllium, and silicon dioxide; to dusts of animal origin; and to dusts of
cotton, hay, grain, bagasse, paprica, tobacco, wood, and gum acacia;

(16) Ulceration due to chrome compound or to caustic chemical acids
or alkalies and undulant fever caused by the industrial slaughtering and
processing of livestock and the handling of hides.

§ 65.1-48. Liability of Employer.—The employer shall be liable for all
occupational diseases arising out of and in the course of the employment
pursuant to all provisions of the act applicable thereto, unless he shall
reject the full coverage and elect by written declaration filed in the offices
of the Industrial Commission to be bound only by the schedule of occupa-
tional diseases set out in § 65.1-47. Such election shall be effective as of
the date the declaration is received by the Industrial Commission, and an
election once made shall be effective until withdrawn by a writing filed in
the offices of the Industrial Commission. Upon withdrawal of election the
employer shall be liable for full coverage of occupational diseases.

$ 65.1-49. Provisions in respect to injury by accident, etc., applicable
to occupational disease.—When the employer and employee are subject to
the provisions of this act, first communication of the diagnosis of an occu-
pational disease to the employee or death of the employee resulting from
an occupational disease as herein listed and defined shall be treated as the
happening of an injury by accident, or death by accident, and the employee
or in case of his death his dependents shall be entitled to compensation as
provided by the act. An employee who has an occupational disease that is
covered by this act shall be entitled to the same hospital, medical and mis-
cellaneous benefits as an employee who has a compensable injury by acci-
dent, except that the period during which the employer shall be required
to furnish medical attention shall begin as of the date of first communica-
tion of the diagnosis of the occupational disease to the employee, and in
the event of death the same funeral benefits shall be paid as in the case of
death from a compensable accident. All provisions of the act in respect to
accidents shall be applicable to the coverage provided for by this chapter,
except as otherwise provided herein. The provisions of this section, as
amended, shall be applicable to occupational diseases contracted before and
after July one, nineteen hundred sixty-six.

§ 65.1-50. What employer and carrier liable—When an employee has
an occupational disease that is covered by this act, the employer in whose
employment he was last injuriously exposed to the hazards of the disease
and the employer’s insurance carrier, if any, at the time of the exposure,
shall alone be liable therefor, without right to contribution from any prior
emplover or insurance carrier. ;

§ 65.1-51. Notice to be given.—Within thirty days after a diagnosis of
an occupational disease is first communicated to the employee, he, or some-
one in his behalf, shall give written notice thereof to the employer in
accordance with §§ 65.1-85 and 65.1-86.

§ 65.1-52. Limitation upon claim; “injurious exposure” defined; dis-
eases covered by limitation.—The right to compensation under this chapter
shall be forever barred unless a claim be filed with the Industrial Commis-
sion within one year after a diagnosis of an occupational disease is first
communicated to the employee or within five years from the date of the
last injurious exposure to the disease in employment, whichever first oc-
curs; and, if death results from the occupational disease within either of
said periods. unless a claim therefor be filed with the Commission within
one year after such death. The limitations imposed by this section as
amended shall be applicable to occupational diseases contracted before and
after Julv one, nineteen hundred sixty-two.

“Injurious exposure’’ as used in this section means an exposure to such
disease which is reasonably calculated to bring on the disease in question.
This amitation will cover all occupational diseases covered under § 65.1-47,
except:

(3) Cataract of the eyes due to exposure to the heat and glare of mol-
ten glass or to radiant rays such as infrared;

(8) Epitheliomatous cancer or ulceration of the skin or of the corneal
surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin,
mineral oil or their compounds, products or residues;

(13) Radium disability or disability due to exposure to radioactive
substances and X-ray;

(16) Ulceration due to chrome compound or to caustic chemical acids
or alkalies and undulant fever caused bv the industrial slaughtering and
processing of livestock and handling of hides.

§ 65.1-53. Waiver.—When an employee or prospective emplovee,
though not incapacitated for work, is found to be affected by, or susceptible
to. a specific occupational disease he may, subject to the approval of the
Industrial Commission, be permitted to waive in writing compensation for
any aggravation of his condition that may result from his working or con-
tinuing to work in the same or similar occupation for the same employer
or for another employer.

CHAPTER 5.
COMPENSATION AND PAYMENT THEREOF.

§ 65.1-54. Compensation for total incapacity —When the incapacity
for work resulting from the injury is total, the employer shall pay, or
cause to be paid, as hereinafter provided, to the injured employee during
such total incapacity, a weekly compensation equal to sixtv per centum
of his average weekly wages, but not more than forty-five dollars, nor
less than fourteen dollars a week; and in no case shall the period covered
by such compensation be greater than five hundred weeks, nor shall the
total amount of all compensation exceed eighteen thousand dollars.
§ 65.1-55. Compensation for partial incapacity.— Except as other-
wise provided in § 65.1-56, when the incapacity for work resulting from
the injury is partial, the employer shall pay, or cause to be paid, as here-
inafter provided, to the injured employee during such incapacity a weekly
compensation equal to sixty per centum of the difference between his
average weekly wages before the injury and the average weekly wages
which he is able to earn thereafter, but not more than forty-five dollars a
week. In no case shall the period covered by such compensation be greater
than three hundred weeks from the date of the injury. In case the partial
incapacity begins after a period of total incapacity, the latter period shall
be deducted from the maximum period herein allowed for partial
incapacity. .

§ 65.1-56. Cases in which incapacity shall be deemed to continue
for periods specified in section; compensation.—In cases included by the
following schedule the incapacity in each case shall be deemed to continue
for the period specified and the compensation so paid for such injury shall
be as specified therein and shall be in lieu of all other compensation:

(1) For the loss of a thumb sixty per centum of the average weekly
wages during sixty weeks.

For the loss of a first finger, commonly called the index finger,
sixty per centum of the average weekly wages during thirty-five weeks.

(3) For the loss of a second finger sixty per centum of average
weekly wages during thirty weeks.

(4) For the loss of a third finger sixty per centum of average
weekly wages during twenty weeks.

(5) For the loss of a fourth finger, commonly called the little finger,
sixty per centum of average weekly wages during fifteen weeks.

(6) The loss of the first phalange of the thumb or any finger shall
be considered to be equal to the loss of one half of such thumb or finger and
the compensation shall be for one-half of the periods of time above
specified.

(7) The loss of more than one phalange shall be considered the loss
of the entire finger or thumb; provided, however, that in no case shall the
amount received for more than one finger exceed the amount provided in
this schedule for the loss of a hand.

(8) For the loss of a great toe sixty per centum of the average
weekly wages during thirty weeks. ;

(9) For the loss of one of the toes other than a great toe sixty per
centum of the average weekly wages during ten weeks.

(10) The loss of the first phalange of any toe shall be considered to
be equal to the loss of one half of such toe and the compensation shall be
for one half of the periods of time above specified.

(11) The loss of more than one phalange shall be considered as the
loss of the entire toe.

(12) For the loss of a hand sixty per centum of the average weekly
wages during one hundred and fifty weeks.

(13) For the loss of an arm sixty per centum of the average weekly
wages during two hundred weeks.

(14) For the loss of a foot sixty per centum of average weekly
wages during one hundred and twenty-five weeks.

(15) For the loss of a leg sixty per centum of average weekly
wages during one hundred and seventy-five weeks. ;

(16) For the permanent total loss of the vision of an eye sixty per
centum of the average weekly wages during one hundred weeks; and for
the permanent partial loss of the vision of an eye the percentage of
one hundred weeks equivalent to the percentage of the vision so per-
manently lost.

(17) For the permanent total loss of the hearing of an ear sixty per
centum of the average weekly wages during fifty weeks; and for the per-
manent partial loss of the hearing of an ear the percentage of fifty weeks
equivalent to the percentage of the hearing so permanently lost.

(18) The loss of both hands, both arms, both feet, both legs or
both eyes, or any two thereof, in the same accident, shall constitute total
and permanent incapacity, to be compensated according to the provisions
of § 65.1-54.

(19) For marked disfigurement of the head or face, hands, arms or
legs resulting from an injury not above mentioned in this section which
will impair the future usefulness or occupational opportunities of the
injured employee sixty per centum of the average weekly wages not ex-
ceeding sixty weeks. ;

(20) (a) For silicosis medically determined to be in the first stage,
whether or not physical capacity for work is impaired, or in the second
stage where physical capacity for work is not impaired, sixty per centum
of the average weekly wages during twenty-six weeks.

(b) For silicosis medically determined to be in the second stage,
and physical capacity for work is impaired, sixty per centum of the average
weekly wages during seventy-eight weeks.

(c) For silicosis medically determined to be in the third stage, com-
pensation shall be according to the provisions of §§ 65.1-54 and 65.1-55.

In construing this section the permanent loss of the use of a member
shall be held equivalent to the loss of such member and for the per-
manent partial loss or loss of use of a member compensation may be pro-
portionately awarded.

The weekly compensation payments referred to in this section shall
all be subject to the same limitations as to maxima and minima as set out
in § 65.1-54.

§ 65.1-57. Compensation for hernia; when allowed.—In all claims
for compensation for hernia resulting from injury by accident arising out
of and in the course of the employee’s employment, it must be definitely
proved to the satisfaction of the Industrial Commission:

That there was an injury resulting in hernia;

(2) That the hernia appeared suddenly;

(3) Thatit was accompanied by pain;

(4) That the hernia immediately followed an accident; and

(5) That the hernia did not exist prior to the accident for which
compensation is claimed.

All hernia, inguinal, femoral or otherwise, so proven to be the result
of an injury by accident arising out of and in course of the employment
shall be treated in a surgical manner by radical operation. The Industrial
Commission is authorized to enter an award under the provisions of
§ 65.1-88, covering the cost of hospital and medical attention incident to
said operation without regard to the date when the same was rendered.
If death results from such operation, the death shall be considered as a
result of the injury and compensation paid in accordance with the pro-
visions of § 65.1-65. In nonfatal cases time lost only shall be paid, unless
it is shown by special examination, as provided in § 65.1-91, that the
injured emplovee has a permanent partial disability resulting after the
operation. If so, compensation shall be paid in accordance with the pro-
visions of § 65.1-55 with reference to partial disability.

In case the injured employee refuses to undergo the radical operation
for the cure of the hernia, no compensation will be allowed during the
time the refusal continues. If, however, it is shown that the employee
has some chronic disease, or is otherwise in such physical condition that
the Commission considers it unsafe for the employee to undergo the opera-
tion, the employee shall be paid as provided in § 65.1-55.

§ 65.1-58. Successive injuries in different employments; injury to
employee with disability.—If an employee has a permanent disability or
has sustained a permanent injury in service in the Armed Forces of the
United States or in another employment other than that in which he re-
ceives a subsequent permanent injury by accident, such as specified in
§ 65.1-56, he shall be entitled to compensation only for the degree of
incapacity which would have resulted from the later accident if the earlier
disability or injury had not existed.

§ 65.1-59. Compensation after second injury in same employment.—
If an employee receives an injury for which compensation is payable
while he is still receiving or entitled to compensation for a previous in-
jury in the same employment, he shall not at the same time be entitled
to compensation for both injuries, but if he is, at the time of the second
injury, receiving compensation under the provisions of § 65.1-56, pay-
ments of compensation thereunder shall be suspended during the period
compensation is paid on account of the second injury, and after the ter-
mination of payments of compensation for the second injury payments on
account of the first injury shall be resumed and continued until the en-
tire amount originally awarded has been paid. But if, at the time of the
second injury, he is receiving compensation under the provisions of
§ 65.1-55, then no compensation shall be payable on account of the first
injury during the period he receives compensation for the second injury.

§ 65.1-60. Same; when both injuries permanent; when total disa-
bility results.—If an employee receives a permanent injury as specified in
§ 65.1-56, after having sustained another permanent injury in the same
employment, he shall be entitled to compensation for both injuries, but the
total compensation shall be paid by extending the period and not by in-
creasing the amount of weekly compensation, and in no case exceeding
five hundred weeks.

When the previous and subsequent permanent injuries received in
the same employment result in total disability, compensation shall be
payable for permanent total disability, but payments made for the pre-
ati injury shall be deducted from the total payment of compensation

ue.

§ 65.1-61. Foreign Injuries.—When an accident happens while the
employee is employed elsewhere than in this State which would entitle
him or his dependents to compensation if it had happened in this State, the
employee or his dependents shall be entitled to compensation, if:

(1) Thecontract of emplovment was made in this State;

(2) the employer’s place of business is in this State; and

(3) the residence of the employee is in this State;

Provided the contract of employment was not expressly for service
exclusively outside of the State.

But if an employee shall receive compensation or damages under the
laws of any other state, nothing herein contained shall be construed so
as to permit a total compensation for the same injury greater than is pro-
vided for in this act.

§ 65.1-62. Commencement of compensation.—No compensation
shall be allowed for the first seven calendar days of incapacity resulting
from an injury except the benefits provided for in § 65.1-88; but if in-
capacity extends beyond that period compensation shall commence with
the eighth day of disability. If, however, such incapacity shall continue
for a period of more than six weeks, then compensation shall be allowed
from the first day of such incapacity.

§ 65.1-63. Refusal of employment.—If an injured employee refuses
employment procured for him suitable to his capacity, he shall not be en-
titled to any compensation at any time during the continuance of such
refusal, unless in the opinion of the Industrial Commission such refusal
was justified.
§ 65.1-64. Compensation to employee’s distributees upon his death
from any other cause.—When an employee receives or is entitled to com-
pensation under this act for an injury covered by § 65.1-56 and dies
from any other cause than the injury for which he was entitled to com-
pensation, payment of the unpaid balance of compensation shall be made
to his statutory distributees, dependent upon him for support, in lieu of
the compensation the employee would have been entitled to had he lived.
But if the death is due to a cause that is compensable under this act and
the dependents of such employee are awarded compensation therefor, all
right to unpaid compensation provided by this section shall cease and de-

ermine.

§ 65.1-65. Compensation to dependents of employee killed.—If death
results from the accident within six years, the employer shall pay or cause
to be paid, subject, however, to the provisions of the other sections of this
act, in one of the methods hereinafter provided, to the dependents of the
employee wholly dependent upon his earnings for support at the time of
the accident a weekly payment equal to sixty per centum of his average
weekly wages, but not more than forty-five dollars nor less than fourteen
dollars a week for a period of three hundred weeks, but in no case to
exceed thirteen thousand five hundred dollars from the date of the injury,
except, however, those dependents specified in § 65.1-66 (1) and (3) shall
be paid a weekly payment equal to sixty per centum of the employee’s
average weekly wages, but not more than forty-five dollars nor less than
fourteen dollars a week for a period of four hundred weeks from the date
of the injury, but in no case to exceed eighteen thousand dollars, and
burial expenses not exceeding three hundred dollars. If the employee
leaves dependents only partly dependent upon his earnings for support
at the time of the injury, the weekly compensation to be paid as aforesaid,
shall equal the same proportion of the weekly payments for the benefit of
persons wholly dependent as the extent of partial dependency bears to
total dependency. When weekly payments have been made to an injured
employee before his death the compensation to dependents shall begin
from the date of the last of such payments but shall not continue more
than three hundred weeks from the date of the injury except to those de-
pendents specified in § 65.1-66 (1) and (3) to whom compensation shall
not continue more than four hundred weeks from the date of the injury.
If the employee does not leave dependents, citizens of and residing at
the time of the accident in the United States or Dominion of Canada, the
amount of compensation shall not in any case exceed one thousand dollars.

§ 65.1-66. Persons conclusively presumed to be wholly dependent.—
The following persons shall be conclusively presumed to be next of kin
wholly dependent for support upon the deceased employee:

(1) A wife upon a husband whom she had not voluntarily deserted
or abandoned at the time of the accident.

(2) <A husband upon a wife with whom he lived at the time of her
accident if he is then incapable of self-support and actually dependent
upon her.

(3) A child under the age of eighteen upon a parent and a child
over such age if physically or mentally incapacitated from earning a
livelihood.

(4) Parents in destitute circumstances, provided there be no total
dependents pursuant to other provisions of this section.

As used in this section, the term “child” shall include a stepchild,
a legally adopted child, a posthumous child, and an acknowledged illegiti-
mate child, but shall not include a married child; and the term “parent”
shall include step-parents and parents by adoption.

§ 65.1-67. Other cases of dependency.—lIn all other cases questions
of dependency in whole or in part shall be determined in accordance

with the facts as the facts are at the time of the accident; but no allow-
ance shall be made for any payment made in lieu of board and lodging
or services and no compensation shall be allowed unless the dependency
existed for a period of three months or more prior to the accident.

§ 65.1-68. Division when more than one dependent.—If there 1s
more than one person wholly dependent, the death benefit shall be di-
vided among them; and persons partly dependent, if any, shall receive no
part thereof. If there is no one wholly dependent and more than one person
partially dependent, the death benefit shall be divided among them accord-
ing to the relative extent of their dependency. ;

65.1-69. Termination of dependency.—For the purpose of this act,
the dependence of a widow or widower of a deceased employee shall ter-
minate with remarriage, and the amount to be received by him or her
shall be divided among the children or other dependents in the proportion
of which they are receiving compensation, and the dependence of a child
or any minor dependent, except a child or minor dependent physically or
mentally incapacitated from earning a livelihood, shall terminate with the
attainment of eighteen years of age, or upon earlier marriage of a female
child.

§ 65.1-70. Burial expenses when no dependents.—If the deceased
employee leaves no dependents, the employer shall pay the burial expenses
of the deceased, not to exceed three hundred dollars.

§ 65.1-71. Limitation upon total compensation.—The total com-
pensation payable under this act shall in no case exceed eighteen thousand

ollars.

§ 65.1-72. Voluntary payment by employer.—Any payments made
by the employer to the injured employee during the period of his disability,
or to his dependents, which by the terms of this act were not due and
payable when made, may, subject to the approval of the Industrial Com-
mission, be deducted from the amount to be paid as compensation; pro-
vided, that in the case of disability such deductions shall be made by
shortening the period during which compensation must be paid and not
by reducing the amount of the weekly payment.

§ 65.1-73. Time of payment.—The Industrial Commission, upon ap-
plication of either party, may, in its discretion, having regard to the wel-
fare of the employee and the convenience of the employer, authorize com-
pensation to be paid monthly or quarterly instead of weekly.

§ 65.1-74. Lump-sum payments.—Whenever any weekly payment
has been continued for not less than six weeks, the liability therefor may,
in unusual cases, when the parties agree and the Industrial Commission
deems it to be to the best interests of the employee or his dependents, or
when it will prevent undue hardships on the employer, or his insurance
carrier, without prejudicing the interests of the employee or his depend-
ents, be redeemed, in whole or in part, by the payment by the employer of
a lump sum which shall be fixed by the Commission, but in no case to
exceed the commutable value of the future installments which may be due
under this act. The Commission, however, in its discretion, may at any
time in the case of a minor who has received permanently disabling in-
juries, either partial or total, provide that he be compensated in whole or
in part by the payment of a lump sum, the amount of which shall be fixed
by the Commission, but in no case to exceed the commutable value of the
future installments which may be due under this act.

§ 65.1-75. Such payments to trustees.—Whenever the Industrial
Commission deems it expedient, any lump sum subject to the provisions
of the foregoing section shall be paid by the employer to some suitable
person or corporation appointed by the circuit or corporation court in the
county or city wherein the accident occurred, or by such other circuit or
corporation court as may be designated by the Industrial Commission as
more compatible with the interests and convenience of the beneficiaries, a:
trustee or guardian, to administer the same for the benefit of the persor
entitled hereto in the manner provided by the Commission. The receipt 01
such trustee for the amount as paid shall discharge the employer or any
one else who is liable therefor.

65.1-76. Who may receive payment and receipt therefor.—When.
ever payment of compensation is made to a widow or widower for her o1
his use, or for her or his use and the use of the child or children, the writter
receipt thereof of such widow or widower shall acquit the employer.

Whenever payment is made to any person eighteen years of age or over,
the written receipt of such person shall acquit the employer. In case ar
infant or minor under the age of eighteen years shall be entitled to receive
a sum amounting to not more than three hundred dollars as compensation
for injuries, or as a distributive share by virtue of this act, the father,
mother or natural guardian upon whom such infant or minor shall be
dependent for support shall be authorized and empowered to receive and
receipt for such moneys to the same extent as a guardian of the person
and property of such infant or minor duly appointed by proper court and
the release or discharge of such father, mother or natural guardian shall
be a full and complete discharge of all claims or demands of such infant or
minor thereunder.

Whenever any payment of over three hundred dollars is made to a
minor under eighteen years of age or to a dependent child over the age of
eighteen years the same shall be made to some suitable person or corpora-
tion appointed by the circuit or corporation court or the judge thereof in
vacation as a trustee, and the receipt of such trustee shall acquit the
employer.

§ 65.1-77. Payment to junior dependents in good faith_—Payment
of death benefits by an employer in good faith to a dependent subsequent
in right to another or other dependents shall protect and discharge the
employer unless and until such dependent or dependents prior in right
shall have given him notice of his or their claim. In case the employer is
in doubt as to the respective rights of rival claimants he may apply to
the Industrial Commission to decide between them.

§ 65.1-78. When employee’s rights exercised by guardian, trustee
or committee.—If an injured employee is mentally incompetent or is under
eighteen years of age at the time when any right or privilege accrues to
him under this act, his guardian, trustee or committee may in his behalf
claim and exercise such right or privilege.

§ 65.1-79. Time limitations on persons under disability.—No limita-
tion of time provided in this act for the giving of notice or making claim
under this act shall run against any person who is mentally incompetent
or a minor dependent, so long as he has no guardian, trustee or committee.

§ 65.1-80. Joint service——Whenever any employee for whose injury
or death compensation is payable under this act shall at the time of the
injury be in the joint service of two or more employers subject to this
act, such employers shall contribute to the payment of such compensa-
tion in proportion to their wage liability to such employee; provided,
however, that nothing in this section shall prevent any reasonable ar-
rangement between such employers for a different distribution as between
themselves of the ultimate burden of compensation.

§ 65.1-81. Preferences and priorities—dAll rights of compensation
granted by this act shall have the same preference or priority for the
whole thereof against the assets of the employer as is allowed by law for
any unpaid wages for labor.

§ 65.1-82. Assignments of compensation; exemption.—No claim for
compensation under this act shall be assignable, and all compensation
and claims therefor shall be exempt from all claims of creditors.
§ 65.1-83. Substitute system of compensation.—Subject to the ap-
proval of the Industrial Commission, any employer may enter into or con-
tinue any agreement with his employees to provide a system of compensa-
tion, benefit or insurance in lieu of the compensation and insurance pro-
vided by this act. No such substitute system shall be approved unless it
confers benefits upon injured employees at least equivalent to the benefits
provided by this act, nor if it requires contributions from the employees
unless it confers benefits in addition to those provided under this act at
least commensurate with such contributions.

65.1-84. Termination of substitute system.—Such substitute sys-
tem may be terminated by the Industrial Commission on reasonable notice
and hearing to the interested parties if it shall appear that the same is
not fairly administered or if its operation shall disclose defects threaten-
ing its solvency, or if for any substantial reason it fails to accomplish the
purpose of this act. In any such case the Commission shall determine
upon the proper distribution of all remaining assets, if any, subject to
the right of any party at interest to take an appeal to the circuit or cor-
poration court of the county or city wherein the principal office or chief
place of business of the employer is located.

CHAPTER 6.
NOTICE OF ACCIDENT; FILING CLAIMS; MEDICAL
ATTENTION AND EXAMINATION.

§ 65.1-85. Notice of accident.—Every injured employee or his repre-
sentative shall immediately on the occurrence of an accident or as soon
thereafter as practicable give or cause to be given to the employer a writ-
ten notice of the accident, and the employee shall not be entitled to
physician’s fees nor to any compensation which may have accrued under
the terms of this act prior to the giving of such notice, unless it can be
shown that the employer, his agent or representative, had knowledge of
the accident or that the party required to give such notice had been pre-
vented from doing so by reason of physical or mental incapacity or the
fraud or deceit of some third person. But no compensation shall be pay-
able unless such written notice is given within thirty days after the oc-
currence of the accident or death, unless reasonable excuse is made to the
satisfaction of the Industrial Commission for not giving such notice and
ie anes is satisfied that the employer has not been prejudiced

ereby.

§ 65.1-86. Nature of notice; service.—The notice provided in the
preceding section shall state in ordinary language the name and address
of the employee and the time, place, nature and cause of the accident and
of the resulting injury or death. It shall be signed by the employee or by a
person on his behalf or in the event of his death by any one or more of
his dependents or by a person in their behalf.

No defect or inaccuracy in the notice shall be a bar to compensation
unless the employer shall prove that his interest was prejudiced thereby
and then only to such extent as the prejudice.

Such notice shall be given personally to the employer or any of his
agents upon whom a summons in civil action may be served under the laws
of the State or may be sent by registered letter addressed to the employer
at his last known residence or place of business.

_ § 65.1-87. Time for filing claim.—The right to compensation under
this act shall be forever barred, unless a claim be filed with the Industrial
Commission within one year after the accident, and, if death results
from the accident, unless a claim therefor be filed with the Commission
within one year thereafter.

§ 65.1-88. Duty to furnish medical attention; effect of refusal of
employee to accept.—For a period not exceeding ninety days after an acci-
dent the employer shall furnish or cause to be furnished, free of charge
to the injured employee, such necessary medical attention, and where such
accident results in the amputation of an arm, hand, leg or foot or the
enucleation of an eye or the loss of any natural teeth, the employer shall
furnish the initial prosthetic appliance and shall furnish proper fitting
thereof, the total cost not to exceed one thousand dollars, as the nature
of the accident may require, and the employee shall accept, and during
the whole or any part of the remainder of his disability resulting from
the injury, the employer may, at his own option, continue to furnish or
cause to be furnished, free of charge to the employee, and the employee
shall accept, an attending physician, unless otherwise ordered by the In-
dustrial Commission, and in addition, such surgical and hospital service
and supplies as may be deemed necessary by the attending physician or
the Industrial Commission. When, in the judgment of the Industrial Com-
mission, or a member thereof, the facts require a reasonable extension
of such medical care beyond such period of ninety days, the Commission,
or a member thereof, may, in its or his discretion, require the employer
to furnish free of charge to the injured employee such medical attention
for a reasonable time after the termination of the ninety-day period but
not in excess of three years including such period of ninety days.

The refusal of the employee to accept such service when provided by
the employer shall bar the employee from further compensation until
such refusal ceases and no compensation shall at any time be paid for the
period of suspension unless, in the opinion of the Industrial Commission,
the circumstances justified the refusal. In any such case the Industrial
Commission may order a change in the medical or hospital service.

If in an emergency on account of the employer’s failure to provide
the medical care during the period herein specified, or for other good rea-
sons, a physician other than provided by the employer is called to treat
the injured employee, during said period, the reasonable cost of such
service shall be paid by the employer if ordered so to do by the Industrial
Commission.

§ 65.1-89. Liability of employer for medical services ordered by
Commission; malpractice-—The pecuniary liability of the employer for
medical, surgical and hospital service herein required when ordered by
the Commission shall be limited to such charges as prevail in the same
community for similar treatment of injured persons of a like standard
of living when such treatment is paid for by the injured person and the
employer shall not be liable in damages for malpractice by a physician
or surgeon furnished by him pursuant to the provisions of the preceding
section, but the consequences of any such malpractice shall be deemed part
of si injury resulting from the accident and shall be compensated for as
such.

§ 65.1-90. Physicians for medical examination.—The Commission
or any member thereof may, upon the application of either party or upon
its own motion, appoint a disinterested and duly qualified physician or
surgeon to make any necessary medical examination and to testify in
respect thereto. Such physician or surgeon shall be allowed traveling
expenses and a reasonable fee to be fixed by the Commission.

The fees and expenses of such physician or surgeon shall be paid by
the State.

§ 65.1-91. Medical examination; autopsy.—After an injury and so
long as he claims compensation, the employee, if so requested by his em-
ployer or ordered by the Industrial Commission, shall submit himself to
examination, at reasonable times and places, by a duly qualified physician
or surgeon designated and paid by the employer or the Industrial Commis-
sion. The employee shall have the right to have present at such examina-
tion any duly qualified physician or surgeon provided and paid by him.
No fact communicated to, or otherwise learned by, any physician or sur-
geon who may have attended or examined the employee, or who may have
been present at any examination, shall be privileged, either in hearings
provided for by this act, or any action at law brought to recover damages
against any employer subject to the provisions of this act. If the em-
ployee refuses to submit himself to or in any way obstructs such examl-
nation requested by and provided for by the employer, his right to com-
pensation and his right to take or prosecute any proceedings under this
Act shall be suspended until such refusal or objection ceases and no com-
pensation shall at any time be payable for the period of suspension unless
in the opinion of the Industrial Commission the circumstances justify the
refusal or obstruction. The employer or the Industrial Commission may
in any case of death require an autopsy at the expense of the party request-
ing the same. Such autopsy shall be performed upon order of the Com-
mission, and anyone obstructing or interfering with such autopsy shall
be punished for contempt.

CHAPTER 7.
PROCEDURE IN CONNECTION WITH AWARDS.

§ 65.1-92. Jurisdiction of Commission.—All questions arising un-
der this act, if not settled by agreements of the parties interested therein
with the approval of the Commission, shall be determined by the Commis-
sion, except as otherwise herein provided.

65.1-93. Agreement as to compensation.—If after injury or death,
the employer and the injured employee or his dependents reach an agree-
ment in regard to compensation or in compromise of a claim for compen-
sation under this act, a memorandum of the agreement in the form pre-
scribed by the Industrial Commission shall be filed with the Commission
for approval, and if approved, the same shall be binding, and an award
of compensation entered upon such agreement shall be for all purposes
enforceable by the court’s decree as elsewhere provided in this Act, and if
not approved, the same shall be void. Such agreement may be approved
only when the Commission, or any member thereof, is clearly of the
opinion that the best interests of the employee or his dependents will be
served thereby; and approval of such agreement shall bind infant or in-
competent dependents affected thereby. Any agreement entered into dur-
ing the pendency of an appeal to the Supreme Court of Appeals shall be
effective only with the approval of the Commission as herein provided.

§ 65.1-94. Disagreement on compensation.—If the employer and
the injured employee or his dependents fail to reach an agreement in
regard to compensation under this act. or if they have reached such an
agreement which has been signed and filed with the Commission and com-
pensation has been paid or is due in accordance therewith and the parties
thereto then disagree as to the continuance of any weekly payment under
such agreement, either party may make application to the Industrial Com-
naaia for a hearing in regard to the matters at issue and for a ruling

ereon.

Immediately after such application has been received the Commis-
sion shall set the date for a hearing, which shall be held as soon as
practicable, and shall notify the parties at issue of the time and place of
such hearing. The hearing shall be held in the city or county where the
injury occurred, unless otherwise agreed to by the parties and authorized
by the Industrial Commission.

§ 65.1-95. Depositions—Any party to a proceeding under this act
may, upon application to the Commission setting forth the materiality of
the evidence to be given, cause the depositions of witnesses residing
within or without the State to be taken, the costs to be taxed as other
costs by the Commission. Such depositions shall be taken after giving the
notice and in the manner prescribed by law for depositions in actions at
law, except that they shall be directed to the Commission, the Commis-
ame or the Deputy Commissioner before whom the proceedings may be
pending.

§ 65.1-96. Hearing and award by Commission.—The Commission
or any of its members or deputies shall hear the parties at issue and their
representatives and witnesses and shall decide the issues in a summary
manner, and shall make an award carrying out the decision, and a copy
thereof shall be immediately sent to the parties at issue.

§ 65.1-97. Rehearing on award.—If an application for review is
made to the Commission within fifteen days from the date of the award,
the full Commission, if the first hearing was not held before the full
Commission, shall review the evidence or, if deemed advisable, as soon
as practicable, hear the parties at issue, their representatives and wit-
nesses and shall make an award which, together with a statement of the
findings of fact, rulings of law and other matters pertinent to the ques-
tions at issue, shall be filed with the record of the proceedings and a
copy of the award shall be immediately sent to the parties at issue.

§ 65.1-98. Conclusiveness of award; appeal; certification of ques-
tions of law; supersedeas.—The award of the Commission, as provided in
§ 65.1-96, if not reviewed in due time, or an award of the Commission
upon such review, as provided in § 65.1-97, shall be conclusive and binding
as to all questions of fact. No appeal shall be taken from the decision of
one Commissioner until a review of the case has been had before the full
Commission, as provided in § 65.1-97, and an award entered by it. Appeals
shall lie from such award to the Supreme Court of Appeals in the manner
provided by law for appeals in equity cases from circuit and corporation
courts; provided, however, that the petition for such appeal shall be pre-
sented to the Supreme Court of Appeals, or one of its judges if the court
be not in session, within thirty days from the date of such award or
within thirty days after receipt of notice to be sent by registered mail of
such award. In such case the filing with the clerk of the appellate court
of ten neatly typewritten copies of the record, duly certified by the Secre-
tary of the Commission, shall be taken as a substitute for printing
such record. The Secretary of the Commission shall certify to the
appellate court, as a part of the record, all the findings of fact upon
which the action appealed from was based. Cases so appealed shall be
placed upon the privileged docket of the court and be heard at the next
ensuing term thereof wherever held. The Commission, of its own motion,
may certify questions of law to the Supreme Court of Appeals for decision
and determination by the court. In case of an appeal from the decision of
the Commission, or of a certification by the Commission of questions of
law, to the Supreme Court of Appeals, the appeal or certification shall
operate as a supersedeas and no employer shall be required to make
payment of the award involved in the appeal or certification until the
questions at issue therein shall have been fully determined in accordance
with the provisions of this act.

§ 65.1-99. Review of award on change of condition.—Upon its own
motion or upon the application of any party in interest, on the ground of a
change in condition, the Industrial Commission may review any award
and on such review may make an award ending, diminishing or increas-
ing the compensation previously awarded, subject to the maximum or
minimum provided in this act, and shall immediately send to the parties
a copy of the award. No such review shall affect such award as regards
any moneys paid but no such review shall be made after twelve months
from the last day for which compensation was paid, pursuant to an award
under this act.

§ 65.1-100. Judgment on agreement or award; enforcement of cer-
tain fines and decisions.—Any party in interest may file in the circuit or
corporation court of the county or city in which the injury occurred, or if
it be in the city of Richmond then in the circuit or law and equity court
of such city, a certified copy of a memorandum of agreement approved by
the Commission, or of an order or decision of the Commission, or of an
award of the Commission unappealed from, or of an award of the Commis-
sion affirmed upon appeal, whereupon the court, or the judge thereof in
vacation, shall render judgment in accordance therewith and notify the
parties. Such judgment shall have the same effect, and all proceedings
in relation thereto shall thereafter be the same, as though such judgment
had been rendered in a suit duly heard and determined by the court.
The fines imposed and decisions rendered under §§ 65.1-106, 65.1-107 and
65.1-127, shall be enforceable as provided herein for the enforcement of
other decisions, orders or awards of the Commission. If such injury oc-
curred outside the State, then such certified copy of the memorandum of
agreement, order, decision or award may be filed in the circuit or corpora-
tion court of the county or city wherein the same might be brought as an
action at law or suit in equity.

§ 65.1-101. Costs.—If the Industrial Commission or any court be-
fore whom any proceedings are brought or defended by the employer under
this act shall determine that such proceedings have been brought, prose-
cuted or defended without reasonable grounds, it may assess against the
employer who has so brought, prosecuted or defended them the whole
cost of the proceedings, including a reasonable attorney fee, to be fixed
by the Commission.

§ 65.1-102. Fees of attorneys and physicians and hospital charges.—
Fees of attorneys and physicians and charges of hospitals for services,
whether employed by employer, employee or insurance carrier under this
act, shall be subject to the approval and award of the Commission; but no
physician shall be entitled to collect fees from an employer or insurance
carrier until he has made the reports required by the Industrial Commis-
sion in connection with the case.

CHAPTER 8.
INSURANCE AND SELF-INSURANCE.

ARTICLE 1.
INSURANCE AND SELF-INSURANCE.

§ 65.1-103. Duty to insure payment of compensation; effect of in-
surance.—Every employer subject to the compensation provisions of this
act shall insure the payment of compensation to his employees in the
manner hereinafter provided. While such insurance remains in force he
or those conducting his business shall only be liable to an employee for
personal injury or death by accident to the extent and in the manner
herein specified.

§ 65.1-104. Insurance or proof of financial ability to pay required.—
Every employer subject to this act shall insure and keep insured his lia-
bility thereunder in some corporation, association or organization or State
insurance fund authorized to transact the business of workmen’s com-
pensation insurance in this State or in some mutual insurance association
formed by a group of employers so authorized, or shall furnish to the In-
dustrial Commission satisfactory proof of his financial ability to pay direct
the compensation in the amount and manner and when due as provided for
in this act. In the latter case the Commission may in its discretion require
the deposit of an acceptable security, indemnity or bond to secure the pay-
ment of compensation liabilities as they are incurred. The State Treasurer
shall be the custodian of the securities deposited by the employers under
the requirements of this section, and for such services he shall receive 2
compensation of one-twentieth of one per centum per annum of the amount
of securities deposited with him, payable by the employer. _ _

It shall be satisfactory proof of the employer’s financial ability to pay
direct the compensation in the amount and manner when due, as provide
for in this act, and acceptable security, indemnity or bond to secure the
payment of compensation liabilities as they are incurred, if the employer
shall show to the Industrial Commission that he is a member of af Ws0Cld-
tion or group of employers and as such is exchanging contracts of
insurance with the employers of this and other states, through a medium
as specified and located in their agreements between each other, and shall
further file with the Industrial Commission a certificate of authority is-
sued by the insurance department of any state to such group of employers
or association, together with a sworn financial statement showing the
group of employers or association to be in solvent condition. But this
paragraph shall in no wise restrict or qualify the right of self insurance
as hereinbefore authorized.

§ 65.1-105. Evidence of compliance with Act; notices of cancellation
of insurance.—Every employer subject to this act shall file with the Com-
mission, in form prescribed by it, annually or as often as may be necessary
evidence of his compliance with the provisions of § 65.1-104 and all others
relating thereto. Every employer who has complied with the foregoing
provision and has subsequently cancelled his insurance shall immediately
notify the Industrial Commission of such cancellation, the date thereof
and the reasons therefor; and every insurance carrier shall in like manner
notify the Commission immediately upon the cancellation of any policy
issued by it under the provisions of this act, except that a carrier need
not set forth its reasons for cancellation unless requested by the Industria]
Commission.

No policy of insurance hereafter issued under the provisions of this
Act shall be cancelled by the insurer issuing such policy except on thirty
days’ notice to the employer and the Commission, unless said cancellation
is for nonpayment of premiums; then ten days’ notice shall be given the
employer and Commission.

65.1-106. Penalty for violation of preceding section.—If such em-
ployer refuses and neglects to comply with the provisions of the pre-
ceding section he shall be punished by a fine of ten cents for each em-
ployee at the time of the insurance becoming due, but not less than one
dollar nor more than fifty dollars for each day of such refusal or neglect,
and until the same ceases, and he shall be liable during continuance of
such refusal or neglect to an employee either for compensation under this
act or at law in a suit instituted by the employee against such employer
to recover damages for personal injury or death by accident, and in any
such suit such employer shall not be permitted to defend upon any of the
following grounds:

(1) That the employee was negligent;

(2) That the injury was caused by the negligence of a fellow em-
ployee; or

(3) That the employee had assumed the risk of the injury. |

The fine herein provided may be assessed by the Commission in an
open hearing with the right of review and appeal as in other cases.

§ 65.1-107. Cost of insurance may not be deducted from wages.—lIt
shall not be lawful for any employer to deduct from the wages of any
of his employees any part of the cost of insurance as provided for in
§ 65.1-104 to insure liability, or to require or permit any of his employees
to contribute in any manner toward such cost of insurance. For any viola-
tion of the provisions of this section an employer shall be subject to a
fine of not exceeding one hundred dollars for each offense and shall refund
to the individual employee the amount or amounts deducted or contributed.
The fine herein provided may be assessed and the refund ordered by the
Industrial Commission in an open hearing with the right of review and ap-
peal as in other cases.

§ 65.1-108. Self-insurance certificate——Whenever an employer has
complied with the provisions of § 65.1-104, relating to self-insurance, the
Industrial Commission shall issue to such employer a certificate which
shall remain in force for a period fixed by the Commission. But the Com-
mission may upon at least sixty days’ notice and hearing to the employer
revoke the certificate upon satisfactory evidence for such revocation hav-
ing been presented. At any time after such revocation the Commission
may grant a new certificate to the employer upon his petition.

§ 65.1-109. Constructive notice to, jurisdiction of, and awards, etc.,
binding upon insurer.—All policies insuring the payment of compensation
under this act must contain clauses to the effect that as between the em-
ployer and the insurer notice to or knowledge of the occurrence of the
injury on the part of the insured employer shall be deemed notice or
knowledge, as the case may be, on the part of the insurer, that jurisdiction
of the insured for the purposes of this act shall be jurisdiction of the
insurer, and that the insurer shall in all things be bound by and subject
to the awards, judgments or decrees rendered against such insured em-
ployer.

§ 65.1-110. How formal notice may be given.—Whenever by this
act or the terms of any policy contract any officer is required to give
any notice to any insurance carrier, the same may be given by delivery
or by mailing by registered letter properly addressed and stamped to the
principal office or chief agent of such insurance carrier within this State
or to its home office, or to the secretary, general agent or chief officer
thereof in the United States.

__ § 65.1-111. Liability of insurer.—No policy of insurance against
liability arising under this act shall be issued unless it contains the agree-
ment of the insurer that it will promptly pay the person entitled to the
same all benefits conferred by this act and all installments of the compen-
sation that may be awarded or agreed upon and that the obligation shall
not be affected by any default of the insured after the injury or by any
default in giving notice required by such policy or otherwise. Such agree-
ment shall be construed to be a direct promise by the insurer to the person
entitled to compensation, enforceable in his name.

§ 65.1-112. Subrogation of insurance carrier to employer’s rights;
compromise.—When any employer is insured against liability for compen-
sation with any insurance carrier, and such insurance carrier shall have
paid any compensation for which the employer is liable or shall have as-
sumed the hiability of the employer therefor, it shall be subrogated to
all the rights and duties of the employer and may enforce any such rights
in its own name or in the name of the injured employee or his or her per-
sonal representative; provided, however, nothing herein shall be con-
strued as conferring upon the insurance carriers any other or further
rights than those existing in the employer at the time of the injury to his
employee, anything in the policy of insurance to the contrary notwith-
standing. No compromise settlement shall be made by the insurance car-
rier in the exercise of such right of subrogation without the approval of
the Industrial Commission and the injured employee or the personal
representative or dependents of the deceased employee being first had
and obtained.

§ 65.1-113. Insurance deemed subject to Act; approval of forms.—
Every policy for the insurance of the compensation herein provided or
against liability therefor shall be deemed to be made subject to the pro-
visions of this act. No corporation, association or organization shall
enter into any such policy of insurance unless its form shall have been ap-
proved by the Industrial Commission. ;

8 65.1-114. Act not applicable to boiler, etc., insurance.—This act
shall not apply to policies of insurance against loss from explosion of
boilers or fly wheels or other similar single catastrophe hazards.

§ 65.1-115. Permit of insurer to do business.—No insurer, whether
stock, mutual, reciprocal, or interinsurer, or other type or form of or-
ganization, shall do any business in this State without a permit from the
State Corporation Commission. Such permit shall be given upon applica-
tion therefor, to any such company upon the said Commission being satis-
fied of the solvency of such company and its ability to perform all its
undertakings; provided, if it be a foreign corporation, it has complied
with the provisions of § 13-8.

The State Corporation Commission shall have the right to revoke any
i a issued to any such company, for violation of any provision of this

§ 65.1-116. Reports and other information required to determine
solvency.—Each such insurance carrier shall report to the State Corpora-
tion Commission, in accordance with such reasonable rules as the Com-
mission may at any time prescribe, for the purpose of determining the
solvency of the carrier, and for such purpose the said Commission may
inspect the books and records of such insurance carrier, and examine its
agents, officers and directors under oath.

§ 65.1-117. Rates; cooperation between Corporation Commission
and Industrial Commission.— Authority is hereby conferred upon the State
Corporation Commission to make such arrangements with the Industrial
Commission as may be agreeable to the Industrial Commission, for collect-
ing, compiling, preserving and publishing statistical and other data in
connection with the work of regulating workmen’s compensation insurance
rates and for the division of the expenses thereof, to the end that duplica-
tion of work and expenditures may be avoided. Whenever it deems proper,
with the consent of the Industrial Commission, the State Corporation
Commission may appoint members of the Industrial Commission, or its
employees, as special agents of the State Corporation Commission to take
testimony and make reports with reference to any matter involving ques-
tions of workmen’s compensation insurance rates.

§ 65.1-118. Penalty for violation of certain provisions.—Any person
or persons who shall in this State act or assume to act as agent for any
such insurance carrier whose authority to do business in this State has
been suspended, while such suspension remains in force, or shall neglect
or refuse to comply with any of the provisions of §§ 65.1-115 to 65.1-117,
inclusive, or of Chapter 10 of this title, obligatory upon such person or
persons, or who shall willfully make a false or fraudulent statement of the
business or condition of any such insurance carrier, or a false or fraudulent
return as therein provided, shall be deemed guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than one hundred
nor more than one thousand dollars or by imprisonment for not less than
ten nor more than ninety days, or both such fine and imprisonment, in the
discretion of the court or jury trying the case.

ARTICLE 2.
ASSIGNMENT OF RISKS TO INSURANCE CARRIERS.

§ 65.1-119. Application to Corporation Commission for assignment
of risk; insurer assigned risk to issue policy.—Every employer subject to
the provisions of this article who has been unable to obtain a workmen’s
compensation insurance policy shall have the right to apply to the State
Corporation Commission to have his risk assigned to an insurance carrier
licensed to write and writing workmen’s compensation insurance in this
State. The insurance carrier, whether stock, mutual, reciprocal or inter-
insurer or other type or form of organization, to whom any such risk is
assigned shall issue a policy of workmen’s compensation Insurance which
will enable such employer to meet the requirements of this article.
§ 65.1-120. Commission to make rules and regulations, and estab-
lish rating schedules and rates.—The State Corporation Commission may
make reasonable rules and regulations for the assignment of risks to in-
surance carriers.
It shall establish such rate classifications, rating schedules, rates,
rules and regulations to be used by insurance carriers issuing assigned
risk workmen’s compensation policies in accordance with this chapter
as appear to it to be proper.
In the establishment of rate classifications, rating schedules, rates,
rules and regulations, it shall be guided by such principles and practices
as have been established under its statutory authority to regulate work-
men’s compensation insurance rates and it may act in conformity with
its statutory discretionary authority in such matters.
§ 65.1-121. Action by Commission upon application.—The Commis-
sion may, if in its judgment it deems such action to be justified after re-
viewing all information pertaining to the applicant or policyholder avail-
able from its records, the records of the Industrial Commission or from
other sources:
(1) Refuse to assign an application;
_ (2) Approve the rejection of an application by an insurance car-
rier ;
(3) Approve the cancellation of a workmen’s compensation policy
by an insurance carrier; or

_(4) Refuse to approve the renewal or the reassignment of an
expiring policy.

§ 65.1-122. Information filed with Commission by insurance car-
rier to be confidential Any and all information filed with the State
Corporation Commission by an insurance carrier in connection with an
assigned risk shall be confidential and solely for the information of the
State Corporation Commission and its staff and shall not be disclosed to
any person, including an applicant, policyholder and any other insurance
carrier.

§ 65.1-123. Disclosures not required of Commission; liability for
acts or omissions.—The State Corporation Commission shall not be re-
quired to disclose to any person, including the applicant or policyholder,
its reasons for:

(1) Refusing to assign an application;

(2) Approving the rejection of an application by an insurance
carrier ;

(8) Approving the cancellation of a workmen’s compensation policy
by an insurance carrier ; or

(4) Refusing to approve the renewal or the reassignment of an
expiring policy.

The Commission shall not nor shall anyone acting for it be held liable
for any act or omission in connection with the administration of the
duties imposed upon it by the provisions of this chapter, except upon proof
of actual malfeasance.

CHAPTER 9.
REPORTS AND RECORDS.

§ 65.1-124. Records and reports of accidents.—Every employer shall
hereafter keep a record of all injuries, fatal or otherwise received by his
employees in the course of their employment on blanks approved by the
Commission. Within ten days after the occurrence and knowledge thereof
as provided in § 65.1-85, of an injury to an employee, a report thereof
shall be made in triplicate in writing and mailed to the Industrial Com-
mission and two copies turned over to the Department of Labor and In-
dustry on blanks to be procured from the Commission for this purpose.

The accident reports shall contain the name, nature and location ot
the business of the employer and the name, age, sex and wages and occu-
pation of the injured employee, and shall state the date and hour of the
accident causing the injury and the nature and cause of the injury, to-
gether with the medical cost and such other information as may be re-
quired by the Commission.

§ 65.1-125. Reports of termination or extension beyond sixty days
of disability—Upon the termination of the disability of the employee, or
if the disability extends beyond a period of sixty days then also at the
expiration of such period, the employer shall make a supplementary report
to the Commission on blanks to be procured from the Commission for the
purpose.

§ 65.1-126. Report of number of employees, hours of work, etc.—
Every employer shall upon request of the Commission report the number
of its employees, hours of their labor and number of days of operation of

usiness.

§ 65.1-127. Failure to make required reports.—Any employer who
refuses or neglects to make any report required by this chapter shall be
liable for a penalty of not more than twenty-five dollars for each refusal
or neglect. The fine herein provided may be assessed by the Commission
in an open hearing with the right of review and appeal as in other cases.
In the event the employer has transmitted the report to the insurance
carrier for transmission by such insurance carrier to the Industrial Com-
mission, the insurance carrier willfully neglecting or failing to transmit
the report shall be liable for the penalty.

§ 65.1-128. Records not public.—The records of the Commission,
insofar as they refer to accidents, injuries and settlements, shall not be
open to the public but only to the parties satisfying the Commission of
their interest in such records and their right to inspect them.

CHAPTER 10.

ADMINISTRATIVE FUND AND TAX THEREFOR.

§ 65.1-129. Tax for administrative fund.—For the purpose of pay-
ing the salaries and necessary expenses of the Industrial Commission and
its assistants and employees in administering and carrying out the pro-
visions of this act, an administrative fund shall be created and main-
tained in the following manner:

Every person, partnership, association, corporation, whether organ-
ized under the laws of this or any other state or country, company, mu-
tual company or association, the parties to any inter-indemnity contract
or reciprocal plan or scheme, and every other insurance carrier, insuring
employers in this State against liability for personal injuries to their
employees or death caused thereby, under the provisions of this act, shall,
as hereinafter provided, pay a tax upon the premiums received, whether
in cash or notes, in this State or on account of business done in this State,
for such insurance in this State, at the rate of two and one-half per
centum of the amount of such premiums. Such tax shall be in lieu of all
other taxes on such premiums and shall be assessed and collected as
hereinafter provided. But such insurance carriers shall be credited with
all cancelled or returned premiums, actually refunded during the year on
such insurance, and with premiums on reinsurance assumed.

§ 65.1-130. Returns.—Every such insurance carrier shall, for the
twelve months ending December thirty-first, of each year, make a return
verified by the affidavits of its president and secretary, or other chief
officers or agents, to the Industrial Commission stating the amount of
such premiums and credits during the period covered by such return.

The State Corporation Commission shall have access at all times to the
records so filed with the Industrial Commission by such insurance car-
riers and may require such additional information as the said State Cor-
poration Commission deems necessary for the performance of the duties
herein conferred upon it. ; ;

§ 65.1-131. Payment of tax.—Every insurance carrier required to
make such return shall file the same with the Industrial Commission within
thirty days after the close of the period covered thereby and shall at the
same time pay into the State treasury a tax of two and one-half dollars on
each one hundred dollars of such premiums ascertained as provided in
§ 65.1-129, less returned premiums and reinsurance assumed.

§ 65.1-132. Failure to file return.—If any such insurance carrier
shall fail or refuse to make the return required by this act, the State
Corporation Commission shall assess the tax against such insurance carrier
at the rate herein provided for, on such amount of premiums as it may
deem just, and the proceedings thereon shall be the same as if the return
had been made.

§ 65.1-133. Withdrawal from business or failure to pay tax.—lIf
any such insurance carrier shall withdraw from business in this State be-
fore the tax shall fall due, as herein provided, or shall fail or neglect to
pay such tax, the Comptroller shall at once proceed to collect the same
and may employ such legal process as may be necessary for that purpose,
and when so collected he shall pay the same into the State treasury. The
suit may be brought by the Comptroller, in his official capacity, in any
court of this State having jurisdiction. A reasonable attorney’s fee may
be taxed as costs therein and process may issue to any county of the State
and may be served as in civil actions, or in the case of an unincorporated
association, partnership, inter-indemnity contract or other plan or scheme,
upon any agent of the parties thereto upon whom process may be served
under the laws of this State.

§ 65.1-134. Tax exclusive of other taxes.—Any insurance carrier
liable to pay a tax upon premiums under this act shall not be liable to
pay any other or further tax upon such premiums, or on account thereof,
under any other law of this State.

§ 65.1-135. Pay roll reports of self-insurers and tax thereon.—Every
employer carrying his own risk under the provisions of § 65.1-104 shall,
under oath, report to the Industrial Commission his pay roll subject to the
provisions of this act. Such report shall be made in form prescribed by
the Commission and at the time herein provided for premium reports by
an insurer. The Commission shall assess against such pay roll a main-
tenance fund tax computed by taking two and one-half per centum of
the basic premiums chargeable against the same or most similar industry
or business, taken from the manual insurance rate for compensation then
in force in this State, or, in its discretion, of such premiums modified in
accordance with an experience rating determined by the records of the
Commission. Such tax shall be paid as provided in § 65.1-104.4 and, if
not so paid, the same shall be collected by the Comptroller in the manner
provided in § 65.1-138.

The State Corporation Commission shall at all times have access to
the reports herein required to be made to the Industrial Commission by
self-insurers for the purpose of performing the duties imposed upon the
said State Corporation Commission under this act.

_ § 65.1-136. Disposition of fund.—Upon receiving the payments re-
quired by § 65.1-131, the Comptroller shall place the whole thereof to the
credit of the fund for the administration of this act. Such fund shall
not be used for any other purpose, except as hereinafter expressly pro-
vided. The Industrial Commission shall administer the fund to carry out
the provisions of this act and shall disburse the same as hereinafter di-
rected. If the receipts shall exceed the expenditures for any year and a
surplus accrue in the fund, the Commission may authorize a credit for the
ensuing years as provided by § 65.1-137. No portion of the fund or any
surplus accruing therein shall be paid into the general fund of the State
treasury, nor shall the fund be administered, handled or disbursed except
as provided in this section. All claims for salaries or expenses, when
approved by resolution of the Commission and countersigned by its chair-
man, shall be presented to the Comptroller and audited by him under the
provisions of Chapter 14 of Title 2, and he shall draw his disbursement
warrants therefor on the State Treasurer. All such claims shall show to
whom and for what service, material or other things or reason such
amounts are to be paid and shall be accompanied by voucher, checks or
receipts covering the same, except as to items of less than one dollar.

§ 65.1-137. When fund in excess of requirement.—If it be ascer-
tained that the tax collected exceeds the total chargeable against the
maintenance fund under the provisions of this act, the Industrial Com-
mission may authorize a corresponding credit upon the collection for any
year or make refunds of taxes collected.

3. All acts and parts of acts inconsistent with the provisions of this
act are repealed to the extent of such inconsistency.

. The repeal of Title 65 effective as of October one, nineteen hundred
sixty-eight, shall not affect any act or offense done or committed, or any
penalty or forfeiture incurred, or any right established, accrued or accruing
on or before such date, or any prosecution, suit or action pending on that
date. Except as in this act otherwise provided, neither the repeal of Title
65 of the Code of Virginia nor the enactment of Title 65.1 shall apply to
offenses committed prior to October one, nineteen hundred sixty-eight, and
prosecutions for such offenses shall be governed by the prior law, which
is continued in effect for that purpose. For the purposes of this act, an
offense was committed prior to October one, nineteen hundred sixty-eight,
if any of the essential elements of the offense occurred prior thereto.

5. Whenever in Title 65.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 65, as such title
existed prior to October one, nineteen hundred sixty-eight, are transferred
in the same or in modified form to a new section, article or chapter of
Title 65.1, and whenever any such former section, article or chapter of Title
65 is given a new number in Title 65.1, all references to any such former
section, article or chapter of Title 65 appearing elsewhere in the Code of
Virginia than in Title 65.1 shall be construed to apply to the new or re-
numbered section, article or chapter containing such conditions, require-
ments, provisions or contents or portions thereof.

6. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared uncon-
stitutional, it shall be deemed severable, and the remainder of this act shal]
continue in full force and effect. ,

7. noes act shall become effective on October one, nineteen hundred sixty-
eight.