§ 65.2-513. Compensation for death from coal worker's pneumoconiosis;determining whether death was due to pneumoconiosis or any chronicoccupational lung disease.
A. If death results from coal worker's pneumoconiosis or if the employee wastotally disabled by coal worker's pneumoconiosis at the time of his death andclaim for compensation is made within three years after such death, theemployer shall pay or cause to be paid to the surviving spouse of thedeceased employee until his death or remarriage or the minor dependents ofthe employee until such minor dependents reach the age of eighteen (ortwenty-three, so long as they remain as full-time students in a generallyaccredited institution of learning) or such other legal dependents as thedeceased employee might have had at the time of his death for the duration ofsuch dependency, 66 2/3 percent of the employee's average weekly wage duringthe last three years that he worked in the coal mines, up to 100 percent ofthe average weekly wage of the Commonwealth as defined in § 65.2-500 withoutany specific limit as to the number of such weeks. However, any claim forcompensation of an employee who was totally disabled by coal worker'spneumoconiosis at the time of his death shall be paid only to the extentrequired by federal law.
B. The Commission shall, by regulation duly drawn and published after noticeand hearing, prescribe standards, not inconsistent with those prescribed bythe Secretary of Health and Human Services under the 1969 Federal Coal MineHealth and Safety Act, as amended, for determining whether the death or totaldisability of an employee was due to pneumoconiosis or any chronicoccupational lung disease.
C. In prescribing such standards the following factors shall be included:
1. If an employee who died from a respirable (respiratory) disease wasemployed for ten years or more in an environment where he was injuriouslyexposed to such a disease, there shall be a rebuttable presumption that hisdisease arose out of such employment, or if he became totally disabled fromcoal worker's pneumoconiosis or if such disease significantly contributed tohis death or disability, there shall be a rebuttable presumption that hisdeath or disability was due to such disease.
2. Where there is clear evidence of exposure to an occupational lung disease,the Commission may make its determination whether compensation is payable tothe dependents based on the description of the employee's symptoms, X-rays,and other competent medical evidence, and the opinion of experts as towhether those symptoms reasonably described the symptoms of such anoccupational disease.
3. The statement as to the cause of death on a death certificate may beconsidered as evidence in any such cases but shall not be controlling on theCommission's findings. The Commission may also, by regulation, establishstandards, not inconsistent with those prescribed by the Secretary of Laborunder the 1969 Federal Coal Mine Health and Safety Act as amended, forapportioning liability for benefits under this section and under § 65.2-504 A4 among more than one operator, where such apportionment is appropriate,provided that no apportionment shall operate to deprive an employee of thefull benefits due him under this title.
(1972, c. 619, § 65.1-65.1; 1973, cc. 401, 436; 1974, c. 560; 1975, c. 447;1991, c. 355.)
§ 65.2-513. Compensation for death from coal worker's pneumoconiosis;determining whether death was due to pneumoconiosis or any chronicoccupational lung disease.
A. If death results from coal worker's pneumoconiosis or if the employee wastotally disabled by coal worker's pneumoconiosis at the time of his death andclaim for compensation is made within three years after such death, theemployer shall pay or cause to be paid to the surviving spouse of thedeceased employee until his death or remarriage or the minor dependents ofthe employee until such minor dependents reach the age of eighteen (ortwenty-three, so long as they remain as full-time students in a generallyaccredited institution of learning) or such other legal dependents as thedeceased employee might have had at the time of his death for the duration ofsuch dependency, 66 2/3 percent of the employee's average weekly wage duringthe last three years that he worked in the coal mines, up to 100 percent ofthe average weekly wage of the Commonwealth as defined in § 65.2-500 withoutany specific limit as to the number of such weeks. However, any claim forcompensation of an employee who was totally disabled by coal worker'spneumoconiosis at the time of his death shall be paid only to the extentrequired by federal law.
B. The Commission shall, by regulation duly drawn and published after noticeand hearing, prescribe standards, not inconsistent with those prescribed bythe Secretary of Health and Human Services under the 1969 Federal Coal MineHealth and Safety Act, as amended, for determining whether the death or totaldisability of an employee was due to pneumoconiosis or any chronicoccupational lung disease.
C. In prescribing such standards the following factors shall be included:
1. If an employee who died from a respirable (respiratory) disease wasemployed for ten years or more in an environment where he was injuriouslyexposed to such a disease, there shall be a rebuttable presumption that hisdisease arose out of such employment, or if he became totally disabled fromcoal worker's pneumoconiosis or if such disease significantly contributed tohis death or disability, there shall be a rebuttable presumption that hisdeath or disability was due to such disease.
2. Where there is clear evidence of exposure to an occupational lung disease,the Commission may make its determination whether compensation is payable tothe dependents based on the description of the employee's symptoms, X-rays,and other competent medical evidence, and the opinion of experts as towhether those symptoms reasonably described the symptoms of such anoccupational disease.
3. The statement as to the cause of death on a death certificate may beconsidered as evidence in any such cases but shall not be controlling on theCommission's findings. The Commission may also, by regulation, establishstandards, not inconsistent with those prescribed by the Secretary of Laborunder the 1969 Federal Coal Mine Health and Safety Act as amended, forapportioning liability for benefits under this section and under § 65.2-504 A4 among more than one operator, where such apportionment is appropriate,provided that no apportionment shall operate to deprive an employee of thefull benefits due him under this title.
(1972, c. 619, § 65.1-65.1; 1973, cc. 401, 436; 1974, c. 560; 1975, c. 447;1991, c. 355.)
§ 65.2-513. Compensation for death from coal worker's pneumoconiosis;determining whether death was due to pneumoconiosis or any chronicoccupational lung disease.
A. If death results from coal worker's pneumoconiosis or if the employee wastotally disabled by coal worker's pneumoconiosis at the time of his death andclaim for compensation is made within three years after such death, theemployer shall pay or cause to be paid to the surviving spouse of thedeceased employee until his death or remarriage or the minor dependents ofthe employee until such minor dependents reach the age of eighteen (ortwenty-three, so long as they remain as full-time students in a generallyaccredited institution of learning) or such other legal dependents as thedeceased employee might have had at the time of his death for the duration ofsuch dependency, 66 2/3 percent of the employee's average weekly wage duringthe last three years that he worked in the coal mines, up to 100 percent ofthe average weekly wage of the Commonwealth as defined in § 65.2-500 withoutany specific limit as to the number of such weeks. However, any claim forcompensation of an employee who was totally disabled by coal worker'spneumoconiosis at the time of his death shall be paid only to the extentrequired by federal law.
B. The Commission shall, by regulation duly drawn and published after noticeand hearing, prescribe standards, not inconsistent with those prescribed bythe Secretary of Health and Human Services under the 1969 Federal Coal MineHealth and Safety Act, as amended, for determining whether the death or totaldisability of an employee was due to pneumoconiosis or any chronicoccupational lung disease.
C. In prescribing such standards the following factors shall be included:
1. If an employee who died from a respirable (respiratory) disease wasemployed for ten years or more in an environment where he was injuriouslyexposed to such a disease, there shall be a rebuttable presumption that hisdisease arose out of such employment, or if he became totally disabled fromcoal worker's pneumoconiosis or if such disease significantly contributed tohis death or disability, there shall be a rebuttable presumption that hisdeath or disability was due to such disease.
2. Where there is clear evidence of exposure to an occupational lung disease,the Commission may make its determination whether compensation is payable tothe dependents based on the description of the employee's symptoms, X-rays,and other competent medical evidence, and the opinion of experts as towhether those symptoms reasonably described the symptoms of such anoccupational disease.
3. The statement as to the cause of death on a death certificate may beconsidered as evidence in any such cases but shall not be controlling on theCommission's findings. The Commission may also, by regulation, establishstandards, not inconsistent with those prescribed by the Secretary of Laborunder the 1969 Federal Coal Mine Health and Safety Act as amended, forapportioning liability for benefits under this section and under § 65.2-504 A4 among more than one operator, where such apportionment is appropriate,provided that no apportionment shall operate to deprive an employee of thefull benefits due him under this title.
(1972, c. 619, § 65.1-65.1; 1973, cc. 401, 436; 1974, c. 560; 1975, c. 447;1991, c. 355.)
