2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 254f. Pre-existing disabilities
(a) If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the pre-existing impairment and subsequent injury or by reason of the aggravation of the pre-existing impairment than that which would have resulted from the subsequent injury alone, the employer's experience rating will only be affected by all compensation payments subsequent to those payable for the first 104 weeks of disability.
(b) If the subsequent injury of such an employee shall result in the death of the employee and it shall be determined that the death would not have occurred except for such pre-existing permanent physical impairment, the employer's experience rating will not be affected by any compensation payable.
(c) In order to qualify under this section the employer must establish within 1 year of the award of the Administrator by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge.
(d) As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed. No condition shall be considered a “permanent physical impairment” unless it is one of the following conditions:
(1) Epilepsy
(2) Diabetes
(3) Cardiac disease
(4) Arthritis
(5) Amputated foot, leg, arm or hand
(6) Loss of sight of one or both eyes or a partial loss of corrected vision of more than 75 percent bilaterally
(7) Residual disability from poliomyelitis
(8) Cerebral palsy
(9) Multiple sclerosis
(10) Parkinson's disease
(11) Cerebral vascular accident
(12) Tuberculosis
(13) Silicosis
(14) Psychoneurotic disability following treatment in a recognized medical or mental institution
(15) Hemophilia
(16) Chronic osteomyelitis
(17) Ankylosis of joints
(18) Hyperinsulism
(19) Muscular dystrophies
(20) Arteriosclerosis
(21) Thrombophlebitis
(22) Varicose veins
(23) Heavy metal poisoning
(24) Ionizing radiation injury
(25) Compressed air sequelae
(26) Ruptured intervertebral disk
or unless it would support a rating of disability of 200 weeks or more if evaluated according to standards applied in compensation claims.
(e) No employer shall refuse to employ, continue in his employ or reemploy any person who is otherwise qualified for employment because of any permanent physical impairment which could be a factor or major contributing factor in a subsequent injury which could adversely affect the employer's experience rating; provided that notwithstanding any other provision in this chapter to the contrary, upon application by either employer or disabled employee the Administrator may require that the employee waive all rights under this chapter for all benefits for that portion of an injury which is directly attributable to the pre-existing disability.
