A. Whenever an employee is imprisoned in a jail, state correctional facility, or any other place of incarceration and (i) the imprisonment resulted from the employee's conviction of a criminal offense and followed his sentencing therefor by a court of competent jurisdiction, (ii) the employee is receiving compensation for temporary total incapacity pursuant to § 65.2-500 or temporary partial incapacity under § 65.2-502, and (iii) the employee is medically released to perform selective employment, compensation benefits for wage loss shall be suspended under § 65.2-708 upon filing of a proper application to the Commission.
B. If benefits are suspended for incarceration pursuant to this section and the employee's conviction is subsequently reversed on appeal and no further appeals or prosecutions concerning such prior conviction are had, the employee's benefits shall be restored under § 65.2-708 upon filing of a proper application to the Commission.
C. The provisions of this section shall only apply to an employee who receives a workers' compensation award after July 1, 1992.
1992, c. 466.
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