A. Compensation for permanent partial and permanent total loss and disfigurement shall be awarded as provided in this section.
B. The following losses shall be compensated for the period specified at the rate of 66 2/3 percent of the average weekly wage as defined in § 65.2-101:
C. Compensation shall be awarded pursuant to § 65.2-500 for permanent and total incapacity when there is:
1. Loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof either from the same accident or a compensable consequence of an injury sustained in the original accident;
2. Injury for all practical purposes resulting in total paralysis, as determined by the Commission based on medical evidence; or
3. Injury to the brain which is so severe as to render the employee permanently unemployable in gainful employment.
D. In construing this section, the permanent loss of the use of a member shall be equivalent to the loss of such member, and for the permanent partial loss or loss of use of a member, compensation may be proportionately awarded. Compensation shall also be awarded proportionately for partial loss of vision or hearing.
E. Except as provided in subsection C, the weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in § 65.2-500.
1. Compensation awarded pursuant to this section shall be payable after payments for temporary total incapacity pursuant to § 65.2-500.
2. Compensation pursuant to this section may be paid simultaneously with payments for partial incapacity pursuant to § 65.2-502. Where compensation pursuant to this section is paid simultaneously with payments for partial incapacity pursuant to § 65.2-502, each combined payment shall count as two weeks against the total maximum allowable period of 500 weeks.
Code 1950, § 65-53; 1964, cc. 116, 190; 1968, cc. 347, 660, § 65.1-56; 1970, c. 470; 1972, c. 229; 1975, cc. 446, 450; 1976, c. 655; 1982, c. 326; 1983, c. 287; 1987, c. 560; 1988, cc. 564, 596; 1991, c. 355; 1997, c. 511; 2000, c. 520; 2022, c. 530.
Structure Code of Virginia
Title 65.2 - Workers' Compensation
Chapter 5 - Compensation and Payment Thereof
§ 65.2-501. Incapacity after permanent loss
§ 65.2-506. Compensation after second injury in same employment
§ 65.2-507. Same employment; when both injuries permanent
§ 65.2-509. Commencement of compensation
§ 65.2-510. Refusal of employment; compensation for partial incapacity
§ 65.2-510.1. Employee imprisonment; suspension of benefits
§ 65.2-511. Compensation to employee's distributees upon his death from any other cause
§ 65.2-512. Compensation to dependents of an employee killed; burial expenses
§ 65.2-514. Special provisions for coal worker's pneumoconiosis claims for total disability or death
§ 65.2-515. Persons conclusively presumed to be wholly dependent
§ 65.2-516. Other cases of dependency
§ 65.2-517. Termination of dependency
§ 65.2-518. Limitation upon total compensation
§ 65.2-519. When limitations inapplicable to injuries arising out of pneumoconiosis
§ 65.2-520. Voluntary payment by employer
§ 65.2-522. Lump sum payments, generally
§ 65.2-523. Lump sum payments to trustees
§ 65.2-524. Failure to pay compensation within two weeks after it becomes due
§ 65.2-525. Who may receive payment and receipt therefor
§ 65.2-526. Payment to junior dependents in good faith
§ 65.2-527. When employee's rights exercised by guardian or trustee
§ 65.2-528. Time limitations on persons under disability
§ 65.2-530. Preferences and priorities
§ 65.2-531. Assignments of compensation; exemption from creditors' claims