§ 65.2-303. Recovery from subcontractor; proceedings against owner orcontractor.

A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed as preventing aworker from recovering compensation under this title from a subcontractor (asdescribed in § 65.2-302) instead of from the principal contractor (asdescribed in § 65.2-302) but he shall not collect from both.

B. When compensation is claimed from or proceedings are taken against theowner or contractor (as described in § 65.2-302), then, in the application ofthis title, reference to the owner or contractor shall be substituted forreference to the subcontractor (as described in § 65.2-302), except that theamount of compensation shall be calculated with reference to the earnings ofthe worker under the subcontractor by whom he is immediately employed.

(Code 1950, §§ 65-29, 65-31; 1968, c. 660, §§ 65.1-32, 65.1-34; 1991, c. 355.)