2006 Code of Virginia § 65.2-500 - Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, ce...

65.2-500. Compensation for total incapacity; computation of average wage;exclusion of AmeriCorps members, certain Food Stamp Employment and TrainingProgram participants, and certain Temporary Assistance for Needy Familiesparticipants.

A. Except as provided in subsections E, F and G, when the incapacity for workresulting from the injury is total, the employer shall pay, or cause to bepaid, as hereinafter provided, to the injured employee during such totalincapacity, a weekly compensation equal to 66 2/3 percent of his averageweekly wages, with a minimum not less than 25 percent and a maximum of notmore than 100 percent of the average weekly wage of the Commonwealth asdefined herein. In any event, income benefits shall not exceed the averageweekly wage of the injured employee. Any farm employer who continues tofurnish benefits while the employee is incapacitated shall be given creditfor the value of such benefits so furnished when computing the compensationdue the employee.

B. For the purpose of this section the average wage in the Commonwealth shallbe determined by the Commission as follows: On or before January 1 of eachyear, the total wages, excluding wages of United States government employees,reported on contribution reports to the Virginia Employment Commission forthe 12-month period ending the preceding June 30 shall be divided by theaverage monthly number of insured workers (determined by dividing the totalinsured workers reported for that 12-month period by 12). The average annualwage thus obtained shall be divided by 52 and the average weekly wage thusdetermined rounded to the nearest dollar. The average weekly wage as sodetermined shall be applicable for the full period during which incomebenefits are payable, when the date of occurrence of injury or of disablementin the case of disease falls within the year commencing with the July 1following the date of determination.

C. The minimum or the maximum weekly income benefits shall not be changed forany year unless the computation herein provided results in an increase ordecrease of $2 or more, raised to the next even dollar in the level of theminimum or the maximum weekly income benefits.

D. The weekly compensation on account of total and permanent incapacity asdefined by 65.2-503 C shall continue for the lifetime of the injuredemployee without limit as to total amount.

E. AmeriCorps members as defined in subdivision r of 65.2-101 shall not beeligible to receive weekly compensation for total incapacity, whetherpermanent or temporary, regardless of whether the injury results in death.

F. Food Stamp recipients participating in the work experience component ofthe Food Stamp Employment and Training Program as defined in subdivision s of 65.2-101 shall not be eligible to receive weekly compensation for totalincapacity, whether permanent or temporary, regardless of whether the injuryresults in death.

G. Temporary Assistance for Needy Families recipients participating in thework experience component of the Virginia Initiative for Employment NotWelfare Program as defined in subdivision t of 65.2-101 shall not beeligible to receive weekly compensation for total incapacity, whetherpermanent or temporary, regardless of whether the injury results in death.

(Code 1950, 65-51; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c. 568;1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, 65.1-54; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c.447; 1991, c. 355; 1997, c. 511; 2004, c. 888; 2005, c. 472.)