CHAPTER 8

An Act to amend and reenact §§ 65-51, 65-52, 65-62 and 65-68, as
amended, of the Code of Virginia, relating to workmen’s compensation
for total and partial incapacity, compensation for dependents of
employees killed and limitations upon total compensation. $9]

Approved February 7, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 65-51, 65-52, 65-62 and 65-68, as amended, of the Code of
Virginia be amended and reenacted as follows:

§ 65-51. 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 compen-
sation equal to sixty per centum of his average weekly wages, but not
more than * fifty-one 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
* twenty thousand * four hundred dollars.

§ 65-52. Except as otherwise provided in § 65-53, when the in-
capacity for work resulting from the injury is partial, the employer shall
pay, or cause to be paid, as hereinafter 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 * fifty-one 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] in-
capacity, the latter period shall be deducted from the maximum period
herein allowed for partial incapacity.

§ 65-62. If death results from the accident within six years, the em-
ployer 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 * fifty-one dollars
nor less than fourteen dollars a week for a period of three hundred weeks,
but in no case to exceed * fifteen thousand * three hundred dollars, from
the date of the injury, except, however, those dependents specified in
§ 65-63 (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 * fifty-
one dollars nor less than fourteen dollars a week for a period of four hun-
dred weeks from the date of the injury, but in no case to exceed * twenty
thousand * four hundred 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 com-
pensation 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 dependents specified in § 65-63 (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.

§ 65-68. The total compensation payable under this act shall in no
case exceed * twenty thousand * four hundred dollars.