Statutory Update: Va. Adds New Limitations

Charlottesville, VA (WorkersCompensation.com) -- New requirements have recently taken effect in Virginia, thanks to some changes in the law. So, what's new in the Old Dominion? The following information highlights the latest update, which impact notice requirements and limitations.

Notice to be given (65.2-405)

Within 60 days after a diagnosis of an occupational disease is first communicated to the employee, he, or someone in his behalf, must give written notice to the employer in accordance with 65.2-600, but in no case will the failure to give notice deprive the employee of his cause of action for an occupational disease, unless it be shown that the failure resulted in clear prejudice to the employer.

Limitations  (65.2-406)

The right to compensation will be forever barred unless a claim is filed with the Commission within one of the following time periods:

• For coal miners' pneumoconiosis, 3 years after a diagnosis of the disease, as category 1/0 or greater is first communicated to the employee or the legal representative of his estate or within 5 years from the date of the last injurious exposure in employment, whichever occurs first
• For byssinosis, 2 years after a diagnosis of the disease is first communicated to the employee or within 7 years from the date of the last injurious exposure in employment, whichever occurs first
• For asbestosis, 2 years after a diagnosis of the disease is first communicated to the employee;
• For symptomatic or asymptomatic infection with human immunodeficiency virus including acquired immunodeficiency syndrome, 2  years after a positive test for infection with human immunodeficiency virus;
• For diseases directly attributable to the rescue and relief efforts at the Pentagon following the terrorist attack of September 11, 2001, 2 years after a diagnosis of the disease is first communicated to the employee
• For cancers listed in subsection C of 65.2-402, 2 years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs; or
• For all other occupational diseases, 2 years after a diagnosis of the disease is first communicated to the employee or within 5 years from the date of the last injurious exposure in employment, whichever occurs first
• If death results from an occupational disease within any of the above periods, the right to compensation will  be barred, unless a claim is filed with the Commission within 3years after the death. The limitations imposed by this section as amended will  be applicable to occupational diseases contracted before and after July 1, 1962, and 65.2-601 will  not apply to pneumoconiosis. 

The limitation on time of filing will cover all occupational diseases except:

• 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;
• Radium disability or disability due to exposure to radioactive substances and X-rays;
• 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 handling of hides;
• Mesothelioma due to exposure to asbestos; and
• Angiosarcoma of the liver due to vinyl chloride exposure.

A claim for benefits pursuant to cancers  as a result of the diagnosis of a disease listed in subsection C of  65.2-402 shall be barred if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.

When a claim is made for benefits for a change of condition in an occupational disease, such as advance from one stage or category to another, a claim for change in condition must be filed with the Commission within 3 years from the date for which compensation was last paid for an earlier stage of the disease. A claim for benefits for a change in condition in asbestosis must be filed within 2 years from the date when diagnosis of the advanced stage is first communicated to the employee and no claim for benefits for an advanced stage of asbestosis will be denied on the ground that there has been no subsequent accident.

Forms, email updates, legal, regulatory, and compliance information from Virginia and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.

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