Document VK2RM4Lb4d14mgvmYJqL22QJw

j^y . . Virginia Regular Session L975 New Laws Page 947 VIRGINIA Regular Session Chapter 471, Laws 1975 received MAY 2 3 1975 Be it enacted by the Genera! Assembly of Virginia: I. That 65.1-52 as amended, and 65.1-87 of the Code of Virginia are amended and reenacted as toliows: 65.1-52. Limitation upon claim; "filed" and "injurious exposure" defined; diseases covered by limitation.--The right to compensation under this chapter shall be forever barred unless a claim be filed with the Industrial Commission within three years for coal worker's pneumoconiosis- and one yeef-hv-o years for ali other occupational diseases after a diagnosis of an occupational disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs; and, if death results from the occupational disease within either of said periods, unless a claim therefor be filed with the Commission within three years after such death. The limitations imposed by this section as amended shall be applicable to occupational diseases contracted before and niter July one, nineteen hundred sixty-two, and $ 60.1-c7 shall not apply to pneumoconiosis. Provided" that a claim lor first or seeona stage pneumoconiosis must be made within osve yea-e-twa ycsrs of the date of the first communication to the employee that he has first or second stage pneumoconiosis in order to make any claim for those stages. "Filed" as used anywhere in this chapter shall mean hand delivered to the Commission's office in PJchmond; sent by the telegraph; or posted at any post office of the United States Postal Service by certified or registered mail. Filing by first-class mail shall be deemed completed only when the application actually reaches the Commission's offices in Richmond. "Injurious exposure" as used in this section and in 65.1-50 means an exposure to the causative hazard of such disease which is reasonably calculated to cr.ng on the dise.i.-;. in question. Exposure to the causative hazard of pneumoconiosis for ninety work shifts shall be conclusively presumed to constitute injurious exposure, This limitation on time of filing will cover ail occupational diseases, except: Cataract of the eyes due to exnesura to the heat and glare of molten glass or to radiant rays such as infrared; t Epitheliomaious cancer or ulceration oi' the skin or of the corneal surface of the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineral oil or their compounds, products or residues; Radium disability or disability due to exposure to radioactive substances and X ray; _. Ulceration due to chrome compound or to caustic chemical acids or alkalies and unduiarit fever caused by the industrial slaughtering and processing of livestock and handling of hides; UCC 009288 .*c',T" f Virginia H 1256 Regular Session l975,,.Mc;W Laws..Page 948 ^Mesothelioma due to secondary exposure to ajbjeslos.TM--^^ In any case in which acclaim is beiTnyrTTnlie tor dienefit s~tor a change of condition in an occupational disease (that is, advancing from one stage or category to another) the claim must be filed with the Commission within three years from the date for which compensation was last paid for an earlier stage of the disease. 65.1-87. Time for filing claim.--The right to compensation under this Act shall be forever barred, unless a claim be riled with the Industrial Commission within one yew---tiro years after the accident, and, if death results from the accident, unless a claim therefor be filed with the Commission within one year thereafter. Approved* March 20, 1975 1 i UCC . 009289