A. 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 jurisdiction, (ii) the employee is receiving compensation for temporary total incapacity pursuant to § 65.2-500 or temporary partial incapacity under § 65.2-502, and (iii) the employee is medically released to perform selective employment, compensation benefits for wage loss shall be suspended under § 65.2-708 upon filing of a proper application to the Commission.
B. If benefits are suspended for incarceration pursuant to this section and the employee's conviction is subsequently reversed on appeal and no further appeals or prosecutions concerning such prior conviction are had, the employee's benefits shall be restored under § 65.2-708 upon filing of a proper application to the Commission.
C. The provisions of this section shall only apply to an employee who receives a workers' compensation award after July 1, 1992.
1992, c. 466.
Notes of Decisions
Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005).
· cites it 4× “For example, Code § 65.2-510.1(A) provides 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…”
Uninsured Emp.'s Fund v. Peters, 601 S.E.2d 687 (Va. Ct. App. 2004).
· cites it 10× “See Code § 65.2-510.1. The Uninsured Employer’s Fund contends the commission erred in finding that the Fund’s unilateral suspension of Peters’s benefits on September 27, 2001 was arbitrary and erred in levying a penalty of three months of benefits against the Fund.”
Food Lion, LLC & Delhaize Am., Inc. v. Charles H. Dalton, 653 S.E.2d 611 (Va. Ct. App. 2007).
· cites it 4× “The claimant argued on appeal to the full commission that the fund’s application should have been dismissed because the fund failed to submit contemporaneous medical evidence that he had been medically released to perform selective employment, as required by Code § 65.2-510.1.…”
William R. Marvin v. Rountree Constr. (Va. Ct. App. 2003).
· cites it 2× “On July 17, 1998, the commission found that claimant was incarcerated while able to perform light duty work and suspended his benefits pursuant to Code § 65.2-510.1 as of April 24, 1998, the last day for which compensation had been paid.”
— Va. Code Ann. § 65.2-510.1(A) — 2 cases
Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005).
“For example, Code § 65.2-510.1(A) provides 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…”
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