Document O3RX8JV9wwGdJOEveeD9L4J91

FILE NAME: Hampshire (HAMP) DATE: 1944 DOC#: HAMP107 DOCUMENT DESCRIPTION: VA Law - Occupational Diseases Section >* 'Jo ACTS (J1 ASSKMilbY [ v a ., 1944 Section 5S89-a. (a ) When a vacancy occurs in the office of judge hi any judicial circuit during such time as there arc more than twentylive judicial circuits in the State, the Governor shall defer the filling of the vacancy unless and until the necessity therefore be certified to him by the Supreme Court of Appeals as hereinafter provided. (b) I 'jioii any such vacancy occurring, the court shall promptly Mdire, by such means as it deems proper, sufficient information concern ing the volume of business in that circuit and in the other judicial circuits ad jacent or near (hereto, to enable it to determine whether or not the busi ness of that circuit can be so distributed as to render the filling of the va cancy unnecessary. (c) The court shall communicate its findings with resjxtct thereto, Hi Ilie Governor, and to the General Assembly if it is in session and if not in session then at its next succeeding session, and if it appear therefrom ihat the court deems it necessary the Governor, if the General Assembly hr not in session, shall, fill the vacancy in the manner prescribed by law. (d) In any case in which a vacancy occurs or exists while or when ilu General Assembly is in session, it may proceed to fill the vacancy without awaiting the rcjiort of the court. 2. An em ergency exists and this act is in force from its passage. C iiap. 76.--An ACT to authorize the governing bodies of certain counties to require licenses and impose and collect license taxes on certain motor vehicles used as taxicabs or for the transportation of passengers for a consideration. [H 107] Approved February 28, 19-14 lie ii enarlcd liy Ihe <ieneral Assembly of Virginia: I. Section 1. The governing body of any county having a popula tion of more than thirty-live thousand and which adjoins two cities hav ing populations of not less than fifty thousand each, and the governing body of any county having an area less than seventy-two square miles, may require a license for and impose upon and collect a license tax from every person, firm, association or corporation who or which operates or intends to operate in such county any taxicab or other motor vehicle for the transportation of passengers for a consideration. The tax mav be iq>on each such motor vehicle so operated. The governing body of the county may by ordinance provide for levying and collecting the tax, and may impose penalties for violations of the ordinance and for operating any such motor vehicle without obtaining the required license. Section 2. No such county shall require a license or impose a license tax for the operation of any such motor vehicle for which a similar license is imposed or tax levied by the city or town of which the owner or op erator of the motor vehicle is a resident; nor shall more than one county, city or town impose any such license fee or tax on the same vehicle. This act shall not he construed to apply to common carriers of persons or properly operating between cities and towns atid not in intra-county ion or association operat- ( iis. 76, 77J a c t s or ASSKMill.Y 97 ng as public carrier by authority of the State Corporation Commission o r under a franchise granted by any city or town. Chap. 77.--An A CT to amend Chapter 400 of the Acts of Assembly of 1018, n liivli became a taw without the approval of llic Governor March 21, 1918, known as "The Virginia Workmen's Compensation Act", as it has been aim-mlcil from time to time, in order to extend the scope of the law to include certain coverage of occupational diseases; and to such end, to amend ami rc-ciiad, as previously amended, Section 2, by re-enacting the matter of Section 2, w ith certain amend ments, as follows: Section 2, and five new sections numbered 2-n, 2-1), 2-e, 2-d and 2-e; and to add to the law eleven other new sections numbered 2-f. 2-g, 2-h. 2-i, 2-j, 2-k, 2-1, 2-tn, 2-n, 2-o and 2-p. |l i 174| Approved February 28, 1944 Be it enacted by the General Assembly of Virginia: 1. That section two of chapter four hundred of Acts of Assembly of nineteen hundred eighteen, which became a law without the approval of the Governor March twenty-one, nineteen hundred eighteen, known as "The Virginia Workmen's Compensation Act", as from time to lime amended, be further amended and re-enacted as section two and as five new sections numbered two-a, two-b, two-c, two-d and two-e, and that there be added eleven new sections numbered two-f, two-g, Iwo-h, fwo-i, two-j, two-k, two-1, two-m, two-n, two-o and two-p, as follows: Section 2. The meanings to be attached to certain terminology and the scope and coverage of this law are as set forth specifically in the several following sections. Section 2-a. Employers Defined.--Unless the context otherwise re quires : "Employers" includes the State and any municipal corporation therein or any political division thereof, and any individual, firm, as sociation or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. If the employer is insured it includes his insurer so far as ap plicable. Section 2-b. Employee Defined.--Unless the context olherwise re quires; "Employee" includes every person, including a minor, in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer; and as relat ing to those so employed by the State the term "employee" includes the officers and members of the National Guard, the Virginia State Guard and the Virginia Reserve Militia, and all officers and employees of the State, except only such as are elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the con firmation of the Senate; as relating to municipal corporations and political divisions of the State, the term "employee" includes all officers and em ployees thereof, except such as one elected by the people o r by the gov erning body of the municipal corporation or political division, who act in purely administrative capacities and to serve for a definite term of office. 0* ACTS OK ASSEMBLY [ v a ., 1944 I'ulicL-iucn and firemen. except policemen and firemen in cities containing mure than one hundred seventy thousand inhabitants, shall be deemed to lie employees of the respective cities, counties or towns in which their services are employed and by whom their salaries are paid. Any refer ence to an employee who has been injured shall, when the employee is dead, include also his legal representative, dependents and other persons to whom coiii]iensalion may be payable. For the purpose of this act the average weekly wage of the non-commissioned officers and members of the National Guard, the Virginia State Guard and the Virginia Reserve Militia shall he deemed to he such amount as will entitle them to the maximum compensation payable under this act. Section 2-c. Average Weekly Wages Defined.--Unless the context otherwise requires: "Average weekly wages" means the earnings of the injured employee in the employment in which he was working at the time of the injury during the j>eriod of fifty-two weeks immediately pre ceding the dale of the injury, divided by fifty-two; but if the injured em ployee lost more than seven consecutive calendar days during such period, although not in the same week,-then the earnings for the remainder of the fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided, results fair and just to both parties will be thereby obtained. When by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the fifty-two weeks previous to the injury was be ing earned by a person of the same grade and character employed in the same class of employment in the same locality, or community. Rut when for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages .may be resorted to as will most nearly approxi mate the amount which the injured employee would be earning were it not for the injury. Whenever allowances of any character made to an employee in lieu of wages are specified part of the wage-contract, they shall be deemed a part of his earnings. Section 2-d. Injury Defined.--Unless the context otherwise re quires: " Injury" and "personal injury" mean only injury by accident, or occupational disease as hereinafter defined, arising out of and in the course of the employment and do not include a disease in any form, ex cept when it results naturally and unavoidably from either of the fore going causes. Section 2-c. Compensation for Hernia; When Allowed.--In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment, it must be definitely proved to the satisfaction of the " Industrial Commission". ,.1.77] ACTS OK ASSKMIlf.Y W First. That there was an injury resulting in hernia: Second : That the hernia appeared suddenly; T hird: That it was accompanied by pain; Fourth: That the hernia immediately followed an accident; Fifth: T hat the hernia did not exist prior to the accident for which omi|>ensation is claimed. All hernia, inguinal, femoral or otherwise, so proven to he the result of an injury by accident arising out of and in course of the employment shall be treated in a surgical manner by radical operation. If death re mits from such operation, the death shall be considered as a result of the injury, and compensation paid in accordance with the provisions of sec tion thirty-nine. In non-fatal cases, time lost only shall be paid, unless it is shown by special examination, as provided in section twenty-eight, that the injured employee has a permanent partial disability resulting liter the operation. If so, compensation shall be paid in accordance with the provisions of section thirty-one with reference to partial dis ability. In case the injured employee refuses to undergo the radical opera tion for the cure of the hernia, no compensation will be allowed during the time the refusal continues. If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the Commission considers it unsafe for the employee to undergo the op eration, the employee shall be paid as provided in section thirty-one. Section 2-f. Occupational Disease Defined.--As used in this law, unless the context clearly indicates otherwise, the term "occupational disease" means a disease arising out of and in the course of the employ ment. No ordinary disease of life to which the general public is ex posed outside of the employment shall be compensable, except when it follows as an incident of occupational disease as defined in this law. A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances (1) a direct causal connection between the condit'ons under which work is performed and the occupational disease, (2) it can be seen to have fol lowed as a natural incident of the work as a result of the exposure oc casioned by the nature of the employment, (3 ) it can be fairly traced to the employment as the proximate cause, (4) it does not come from a hazard to which workmen would have been equally exposed outside of the employment, (5) it is incidental to the character of the business and not independent of the relation of employer and employee, and (6) it must appear to have had its origin in a risk connected with the employ ment and to have flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction. Section 2-g. Schedule of Occupational Diseases.--The following dis eases and conditions shall be deemed to be "occupational diseases", and even they shall not be so considered unless they are in fact occupational within the meaning of the definition "occupational disease" as defined in this law: (1 ) A nthrax; (2) Asbestosis; (3) Cataract of the eyes due to exposure to the heat and glare of molten glass or to radiant rays such as infra-red; (4) Compressed air illness; (S) Conjunctivitis or retinitis - HX) .U T S 01' ASSliMW.Y [VA., 1944 elm- in i-xpiisun- tu radiant rays; (6) Cellulitis; (7) Dermatitis; (8) K|>itlicliaiiialmis m m 1 or ulceration of (lie skin or of the corneal sur face of the rye due to pilch, tar, soot, bitumen, anthracene, paraffin, min eral oil, or their compounds, products, or residues; (9) Glanders; (10) Infection or inflammation of the skin or eyes, or other external contact surfaces or oral or nasal cavities due to irritating oil, cutting compounds, chemical dust, liipiid fumes, gases or vapors; (11) Infections or con tagions diseases contracted in the course of employment in or in imme diate connection with a hospital or sanitarium in which persons suffering H orn such diseases are cared for and treated; (12) Poisoning by; (i) Ammonia; (ii) Arsenic; (iii) Benzol or derivatives of benzene; (iv) Brass; (v) Cadmium; (vi) Carbon bisulphide or any sulphide; (vii) Carbon dioxide; (viii) Carbon monoxide; (ix ) Carbon tetrachloride or other toxic chlorinated hydrocarbons or toxic halogcnatcd hydrixtarbons; fx ) Chlorine; (xi) Cyanide; (xii) Dinilrophenol; (xiii) Formaldehyde ami its preparations; (xiv) 1lydochloric acid; (xv) Hydrofluoric acid; (xvi) Hydrogen sulphide; (xvii) Lead; (xviii) Manganese; (xix) Mer cury; (x x ) Mcnlhouol (wood alcoholic) ; (xxi) Methyl chloride; (xxii) Nickel carbonyl; (xxiii) Nitrous fumes; (xxiv) Nitric acid; (xxv) Petroleum or petroleum products; (xxvi) Phosphorus; (xxvii) Sulphur dioxide; (xxviii) Sulphuric acid; (xxix) Tclrachlor-methanc or any substances used as or in conjunction with a solvent for acetate of cellu lose or nilro cellulose; (xxx) Turpentine; (xxxi) Zinc; (13) Radium disability or disability due to exjmj.sure to radio-active substances and X-Ray; (14) Silicosis; (IS ) Ulceration due to chrome compound or lo caustic chemical, acids or alkalies, and undulant fever caused by the industrial slaughtering and processing of livestock and the handling of hides. Section 2-h. Rejection by Employer of Schedule 2-g and Accept ance of Full Coverage.--Any employer may in lieu of the schedule of nc.cii|>aliotia! diseases herein enumerated under the provisions of Section lwo-g, reject the same and elect by written declaration filed in the offices of the Industrial Commission on a form provided by it, to be bound by the provisions of this section relating to full coverage of all occupational diseases. Thereupon, the employer shall be liable for all occupational dis eases arising out of and in the course of cmjiloyment pursuant to all pro visions of the act applicable thereto. The election above provided shall be made by the employer within sixty (60) days from July one, nineteen hundred forty-four, and the employer shall be liable under this provision from said date. Any elec tion made more than sixty (60) days after July one, nineteen hundred forty-four, shall become effective the day it is received by the Industrial Commission. An election once made shall be effective until withdrawn in writing signed by the employer and filed in the offices of the Industrial Commission. Thereafter, the em|Inyer shall be liable under the provi sions of Section lwo-g, relating to scheduled coverage. An election once made shall not lie withdrawn within a period of one year. It is expressly enacted that this provision shall be construed as an at. 77j ACTS OI' ASST.M MI.Y 101 alternate plan covering all occupational (liscaf.es, including those cmiiucraled in Section Iwo-g. Section 2-i. Pre-existing Occii|ia(innal Disease.--An occupational disease which an employee has on ihe effective date of the amendments if this law shall not he covered hereunder. An employee: has an occupa tional disease within the meaning of this law if the disease or condition has developed to such an extent that it can he diagnosed as an occupa tional disease. In every hearing before the Industrial Commission in this regard under this law, the burden shall he on the employee to prove that lie did not have as of the effective date hereof the occupational disease for which he is seeking compensation. Section 2-j. Provisions as to Injury or Death by Accident Ap plicable to Same Resulting from Occupational Disease.--When the em ployer and employee are subject to the provisions of the Workmen's Compensation Act, the incapacity for work or death of an employee re sulting from an occupational disease as herein listed and defined shall lie treated as the happening of an injury by accident or dcatli by acci dent, and the employee or in case of his death his dependents shall be entitled to compensation as provided by the Act. An employee who has an occupational disease that is covered by this law shall be entitled to the same hospital, medical and miscellaneous benefits as an employee who has a compensable injury by accident, except that the period during which the employer shall be required to furnish medical attention shall begin as of the date of incapacity for work, and in the event of death the same funeral benefits shall he paid as in the ease of death from a compensable accident. All provisions of the Act in respect to accidents shall be ap plicable to the coverage provided for by this amendment, except as other wise provided herein. Section 2-k. What Employer and Carrier Liable.-- When an em ployee has an occupational disease that is covered by this law as amended, die employer in whose employment he was last injuriously exposed to the hazards of the disease, and the employer's insurance carrier, if any, at the time of the exposure, shall alone be liable therefor, without right to contribution front any prior employer or insurance carrier. Section 2-1. Notice to Be Given.-- Within thirty days after the first distinct manifestation of an occupational disease the employee, or someone on his behalf, shall give written notice thereof to tl.e employer in accord ance with sections twenty-three and twenty-four of this Act. Section 2-m. Limitation upon Claim.--The right to compensation un der these amendments shall be forever barred unless a claim he filed with the Industrial Commission within one year after the beginning of in capacity for work resulting from an occupational disease, and if death results from the occupational disease unless a claim therefor be filed with the Commission within one year thereafter. Section 2-n. Waiver.--When an employee or prospective employee, though not incapacitated for work, is found to be affected by, or sus ceptible to, a specific occupational disease he may, subject to the ap proval of the Industrial Commission, be permitted to waive in writing compensation for any aggravation of his condition that may result from