45.1-161.76 - Workers' compensation; liability. - Virginia Statutes

§ 45.1-161.76. Workers' compensation; liability.

A. For the purpose of workers' compensation coverage, during any minedisaster to which a state-designated mine rescue team responds under theprovisions of this article or during any training exercise for astate-designated mine rescue team, members of the state-designated team shallbe deemed to be within the employment of the operator of the mine at whichthe disaster occurred or the training exercise is conducted. Additionally,for purposes of workers' compensation coverage, travel by members of astate-designated mine rescue team to and from the mine disaster or trainingexercise shall be deemed to be within the employment of the operator of themine at which the disaster occurred or the training exercise is to be or wasconducted.

B. Any member of a state-designated team engaging in rescue work at a mineshall not be liable for civil damages for acts or omissions resulting fromthe rendering of such rescue work unless the act or omission was the resultof gross negligence or willful misconduct.

C. Any operator providing personnel to a state-designated mine rescue team toengage in rescue work at a mine not owned or operated by the operator shallnot be liable for any civil damages for acts or omissions resulting from therendering of such rescue work.

(1985, c. 496, § 45.1-33.5:4; 1994, c. 28; 2007, cc. 894, 914.)