Va. Code » Title 65.2. Workers' Compensation » Chapter 4. Occupational Diseases
Virginia Code

Va. Code Ann. § 65.2-407 (2026)

Waiver

✓ current as of May 2026
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A. When an employee or prospective employee, though not incapacitated for work, is found to be affected by, or susceptible to, a specific occupational disease he may, subject to the approval of the Commission, be permitted to waive in writing compensation for any aggravation of his condition that may result from his working or continuing to work in the same or similar occupation for the same employer.

B. The Commission shall approve a waiver for coal worker's pneumoconiosis and silicosis only when presented with X-ray evidence from a physician qualified in the opinion of the Commission to make the determination and which demonstrates a positive diagnosis of the pneumoconiosis or the existence of a lung condition which makes the employee or prospective employee significantly more susceptible to the pneumoconiosis.

C. In considering approval of a waiver, the Commission may supply any medical evidence to a disinterested physician for his opinion as to whether the employee is affected by the disease or has the preexisting condition.

Code 1950, § 65-50; 1968, c. 660, § 65.1-53; 1970, c. 517; 1979, c. 201; 1991, c. 355.

Notes of Decisions
Cited in 2 cases, 1997–2017 · leading case: Uninsured Emp.'s Fund v. Mounts, 484 S.E.2d 140 (Va. Ct. App. 1997).
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Uninsured Emp.'s Fund v. Mounts, 484 S.E.2d 140 (Va. Ct. App. 1997). · cites it 4× “On review, the commission found that the waiver form had not been filed with the commission as required by Code § 65.2-407 and that Mounts had not been told that he had an occupational disease when he signed the form.”
Four \O\" Mining Corp. & Am. Mining Ins. Co. v. Lendy C. Deel" (Va. Ct. App. 2017). · cites it 2× “Waivers are now governed by Code § 65.2-407, which tracks the language of Code § 65.”
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