A. Except as provided in subsections E, F and G, when the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such total incapacity, a weekly compensation equal to 66 2/3 percent of his average weekly wages, with a minimum not less than 25 percent and a maximum of not more than 100 percent of the average weekly wage of the Commonwealth as defined herein. In any event, income benefits shall not exceed the average weekly wage of the injured employee. Any farm employer who continues to furnish benefits while the employee is incapacitated shall be given credit for the value of such benefits so furnished when computing the compensation due the employee.
B. For the purpose of this section the average wage in the Commonwealth shall be determined by the Commission as follows: On or before January 1 of each year, the total wages, excluding wages of United States government employees, reported on contribution reports to the Virginia Employment Commission for the 12-month period ending the preceding June 30 shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for that 12-month period by 12). The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the nearest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease falls within the year commencing with the July 1 following the date of determination.
C. The minimum or the maximum weekly income benefits shall not be changed for any year unless the computation herein provided results in an increase or decrease of $2 or more, raised to the next even dollar in the level of the minimum or the maximum weekly income benefits.
D. The weekly compensation on account of total and permanent incapacity as defined by subsection C of § 65.2-503 shall continue for the lifetime of the injured employee without limit as to total amount.
E. AmeriCorps members as defined in subdivision r of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.
F. Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent or temporary, regardless of whether the injury results in death.
G. Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101 shall not be eligible to receive weekly compensation for total incapacity, whether permanent 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; 2019, c. 210.
Notes of Decisions
McKellar v. Northrop Grumman Shipbuilding, Inc., 777 S.E.2d 857 (Va. 2015).
· cites it 72× “FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred in ruling that retirement precluded an injured worker from receiving an award of temporary total disability benefits under Code § 65.2-500. I. Facts and Proceedings The…”
Util. Trailer Mfg. Co. v. Testerman, 711 S.E.2d 232 (Va. Ct. App. 2011).
· cites it 30× “Code § 65.2-500 et seq. The issue here for resolution is whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, justifies an award for lost wages to a worker with…”
Collins v. Deparment of Alcoholic Beverage Control, 467 S.E.2d 279 (Va. Ct. App. 1996).
· cites it 16× “Claimant argues that the record does not support a finding of mutual mistake of fact and that the provisions of Code §§ 65.2-500, -707, and -712 do not permit retrospective credits for overpayment made pursuant to an award.”
Greif Companies/Genesco, Inc. v. Hensley, 471 S.E.2d 803 (Va. Ct. App. 1996).
· cites it 12× “The total disability resulting from the bilateral CTS was the basis for an award of compensation pursuant to Code § 65.2-500. Either CTS alone, causing only partial incapacity, might provide the basis for an award under Code § 65.”
Robinson v. Salvation army/georgia Corp., 459 S.E.2d 103 (Va. Ct. App. 1995).
· cites it 12× “The commission found that claimant was not entitled to a “double recovery” and held that the City was “liable only for disability compensation attributable to the June 29, 1988 accident that exceeds disability benefits attributable to .”
Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005).
· cites it 2× “rovides as follows: Whenever an employee is imprisoned in a jail, state correctional facility, or any other place of incarceration and (i) the imprisonment resulted from the employee's conviction of a criminal offense and followed his sentencing therefor by a court of competent…”
Cross v. Newport News Shipbuilding & Dry Dock Co., 465 S.E.2d 598 (Va. Ct. App. 1996).
· cites it 8× “2-503(F)(l), which governs the payment of permanent total and permanent partial disability benefits for the loss of or loss of use of a member, provides as follows: Compensation awarded pursuant to this section shall be in addition to all other compensation and shall be payable…”
Bay Concrete Const. Co., Inc. v. Davis, 600 S.E.2d 144 (Va. Ct. App. 2004).
· cites it 4× “2d 467, 469-70 (1992) (holding under predecessor to Code § 65.2-500 that entitlement to temporary total disability benefits requires only proof of pre-injury average weekly wage and a showing of total disability and does not require proof that the claimant's "weekly earnings are…”
Cafaro Constr. Co. v. Strother, 426 S.E.2d 489 (Va. Ct. App. 1993).
· cites it 4× “BACKGROUND In December 1979 the claimant received an award of temporary total disability benefits pursuant to Code § 65.2-500 for a compensable back injury.”
Metro Mach. Corp. v. Lamb, 532 S.E.2d 337 (Va. Ct. App. 2000).
· cites it 4× “Relying on Code § 65.2-500, 2 the employer claims the employee was unable to work because of a plant shut down and not because of a work-related injury.”
Metro Mach. Corp. v. Sowers, 532 S.E.2d 341 (Va. Ct. App. 2000).
· cites it 4× “Code § 65.2-500 2 states that benefits are payable “as long as the incapacity for work is a result of the injury.”
— Va. Code Ann. § 65.2-500(A) — 14 cases
McKellar v. Northrop Grumman Shipbuilding, Inc., 777 S.E.2d 857 (Va. 2015).
“FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred in ruling that retirement precluded an injured worker from receiving an award of temporary total disability benefits under Code § 65.2-500. I. Facts and Proceedings The…”
Metro Mach. Corp. v. Sowers, 532 S.E.2d 341 (Va. Ct. App. 2000).
“Code § 65.2-500 2 states that benefits are payable “as long as the incapacity for work is a result of the injury.”
— Va. Code Ann. § 65.2-500(D) — 10 cases
Cross v. Newport News Shipbuilding & Dry Dock Co., 465 S.E.2d 598 (Va. Ct. App. 1996).
“2-503(F)(l), which governs the payment of permanent total and permanent partial disability benefits for the loss of or loss of use of a member, provides as follows: Compensation awarded pursuant to this section shall be in addition to all other compensation and shall be payable…”
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