65.2-406 - Limitation upon claim; diseases covered by limitation.
§ 65.2-406. Limitation upon claim; diseases covered by limitation.
A. The right to compensation under this chapter shall be forever barredunless a claim is filed with the Commission within one of the following timeperiods:
1. For coal miners' pneumoconiosis, three years after a diagnosis of thedisease, as category 1/0 or greater as classified under the InternationalLabour Office Classification of Radiographs of the Pneumoconiosis (1980), isfirst communicated to the employee or the legal representative of his estateor within five years from the date of the last injurious exposure inemployment, whichever first occurs;
2. For byssinosis, two years after a diagnosis of the disease is firstcommunicated to the employee or within seven years from the date of the lastinjurious exposure in employment, whichever first occurs;
3. For asbestosis, two years after a diagnosis of the disease is firstcommunicated to the employee;
4. For symptomatic or asymptomatic infection with human immunodeficiencyvirus including acquired immunodeficiency syndrome, two years after apositive test for infection with human immunodeficiency virus;
5. For diseases directly attributable to the rescue and relief efforts at thePentagon following the terrorist attack of September 11, 2001, two yearsafter a diagnosis of the disease is first communicated to the employee; or
6. For all other occupational diseases, two years after a diagnosis of thedisease is first communicated to the employee or within five years from thedate of the last injurious exposure in employment, whichever first occurs.
B. If death results from an occupational disease within any of such periods,the right to compensation under this chapter shall be barred, unless a claimtherefor is filed with the Commission within three years after such death.The limitations imposed by this section as amended shall be applicable tooccupational diseases contracted before and after July 1, 1962, and §65.2-601 shall not apply to pneumoconiosis. The limitation on time of filingwill cover all occupational diseases except:
1. Cataract of the eyes due to exposure to the heat and glare of molten glassor to radiant rays such as infrared;
2. Epitheliomatous cancer or ulceration of the skin or of the corneal surfaceof the eye due to pitch, tar, soot, bitumen, anthracene, paraffin, mineraloil, or their compounds, products or residues;
3. Radium disability or disability due to exposure to radioactive substancesand X-rays;
4. Ulceration due to chrome compound or to caustic chemical acids or alkaliesand undulant fever caused by the industrial slaughtering and processing oflivestock and handling of hides;
5. Mesothelioma due to exposure to asbestos; and
6. Angiosarcoma of the liver due to vinyl chloride exposure.
C. When a claim is made for benefits for a change of condition in anoccupational disease, such as advance from one stage or category to another,a claim for change in condition must be filed with the Commission withinthree years from the date for which compensation was last paid for an earlierstage of the disease, except that a claim for benefits for a change incondition in asbestosis must be filed within two years from the date whendiagnosis of the advanced stage is first communicated to the employee and noclaim for benefits for an advanced stage of asbestosis shall be denied on theground that there has been no subsequent accident. For a first or an advancedstage of asbestosis or mesothelioma, if the employee is still employed in theemployment in which he was injuriously exposed, the weekly compensation rateshall be based upon the employee's weekly wage as of the date ofcommunication of the first or advanced stage of the disease, as the case maybe. If the employee is unemployed, or employed in another employment, theweekly compensation rate shall be based upon the average weekly wage of aperson of the same or similar grade and character in the same class ofemployment in which the employee was injuriously exposed and preferably inthe same locality or community on the date of communication to the employeeof the advanced stage of the disease or mesothelioma. The weekly compensationrates herein provided shall be subject to the same maximums and minimums asprovided in § 65.2-500.
(Code 1950, § 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588; 1968, c. 660,§ 65.1-52; 1970, c. 470; 1972, c. 612; 1974, c. 201; 1975, cc. 27, 471; 1979,cc. 80, 201; 1982, c. 82; 1983, c. 469; 1984, c. 411; 1985, c. 191; 1989, c.502; 1990, c. 417; 1991, c. 355; 1992, c. 475; 1995, c. 324; 2005, c. 433.)