A. When an employee has an occupational disease that is covered by this title, the 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 from any prior employer or insurance carrier.
B. For the purposes of this section, "injurious exposure" means an exposure to the causative hazard of such disease which is reasonably calculated to bring on the disease in question. Exposure to the causative hazard of pneumoconiosis for ninety work shifts shall be conclusively presumed to constitute injurious exposure.
C. The operator of a coal mining business covered by this title who acquires the business or substantially all of the assets thereof is liable for, and must secure the payment of, all benefits which would have been payable by the prior operator under this section with respect to persons previously employed by such business if the acquisition had not occurred and the prior operator had continued to operate the business; and the prior operator of the business is not relieved of any liability under this section.
Code 1950, §§ 65-47, 65-49; 1952, c. 205; 1960, c. 297; 1962, c. 588; 1968, c. 660, §§ 65.1-50, 65.1-52; 1970, c. 470; 1972, cc. 612, 619; 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.
Notes of Decisions
Piedmont Mfg. Co. v. East, 438 S.E.2d 769 (Va. Ct. App. 1993).
· cites it 6× “Code § 65.2-404 provides: A. When an employee has an occupational disease that is covered by this title, the 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,…”
Uninsured Emp.'s Fund v. Mounts, 484 S.E.2d 140 (Va. Ct. App. 1997).
· cites it 10× “The Fund also contends that because the employer was insured on the date of the last exposure, Code § 65.2-404 exempts the Fund from liability.”
Uninsured Emp.'s Fund v. Mounts, 497 S.E.2d 464 (Va. 1998).
· cites it 7× “Code § 65.2-404 provides that when an employee has a compensable occupational disease, “the 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…”
Red Baron Coal Co. v. Harold L. Hess (Va. Ct. App. 2003).
· cites it 8× “2-404(A) ("When an employee has an occupational disease that is covered by this title, the 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…”
Lewis A. Weis v. Natkin & Co. (Va. Ct. App. 1996).
· cites it 12× “In this appeal, claimant contends only that the commission erred when it did not find Rust liable because "he had a year's worth of exposure while working for Defendant Rust Engineering, and Va. Code Ann. § 65.2-404 [B] [sic] provides a conclusive presumption of injurious…”
Jeffrey L Williams v. Gloucester Sheriff's Dept, et (Va. Ct. App. 2002).
· cites it 4× “2-402(B) provides the presumed last injurious exposure, pursuant to Code § 65.2-404, in claims involving multiple employers; (2) presuming where the last injurious exposure occurred; and (3) finding there was sufficient credible medical evidence to support the conclusion that…”
Lourdes Iglesias v. QVC Suffolk Inc. & Liberty Ins. Corp. (Va. Ct. App. 2019).
· cites it 2× “” Code § 65.2-404. In Espinola, we noted that [a] claimant can meet the statutory standard either “by establishing actual causation or aggravation of the disease or by showing that employer is estopped from asserting the statute of limitations defense if [appellant] provides…”
Va. Code Ann. § 65.2-404(A): 4 cases
Piedmont Mfg. Co. v. East, 438 S.E.2d 769 (Va. Ct. App. 1993).
“Code § 65.2-404 provides: A. When an employee has an occupational disease that is covered by this title, the 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,…”
Red Baron Coal Co. v. Harold L. Hess (Va. Ct. App. 2003).
“2-404(A) ("When an employee has an occupational disease that is covered by this title, the 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…”
Lewis A. Weis v. Natkin & Co. (Va. Ct. App. 1996).
“In this appeal, claimant contends only that the commission erred when it did not find Rust liable because "he had a year's worth of exposure while working for Defendant Rust Engineering, and Va. Code Ann. § 65.2-404 [B] [sic] provides a conclusive presumption of injurious…”
Va. Code Ann. § 65.2-404(B): 3 cases
Piedmont Mfg. Co. v. East, 438 S.E.2d 769 (Va. Ct. App. 1993).
“Code § 65.2-404 provides: A. When an employee has an occupational disease that is covered by this title, the 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,…”
Red Baron Coal Co. v. Harold L. Hess (Va. Ct. App. 2003).
“2-404(A) ("When an employee has an occupational disease that is covered by this title, the 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…”
Lewis A. Weis v. Natkin & Co. (Va. Ct. App. 1996).
“In this appeal, claimant contends only that the commission erred when it did not find Rust liable because "he had a year's worth of exposure while working for Defendant Rust Engineering, and Va. Code Ann. § 65.2-404 [B] [sic] provides a conclusive presumption of injurious…”
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