65.2-404 - What employer and carrier liability. - Virginia Statutes

§ 65.2-404. What employer and carrier liability.

A. When an employee has an occupational disease that is covered by thistitle, the employer in whose employment he was last injuriously exposed tothe hazards of the disease and the employer's insurance carrier, if any, atthe time of the exposure, shall alone be liable therefor, without right tocontribution from any prior employer or insurance carrier.

B. For the purposes of this section, "injurious exposure" means an exposureto the causative hazard of such disease which is reasonably calculated tobring on the disease in question. Exposure to the causative hazard ofpneumoconiosis for ninety work shifts shall be conclusively presumed toconstitute injurious exposure.

C. The operator of a coal mining business covered by this title who acquiresthe business or substantially all of the assets thereof is liable for, andmust secure the payment of, all benefits which would have been payable by theprior operator under this section with respect to persons previously employedby such business if the acquisition had not occurred and the prior operatorhad continued to operate the business; and the prior operator of the businessis 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.)