65.2-407 - Waiver. - Virginia Statutes

§ 65.2-407. Waiver.

A. When an employee or prospective employee, though not incapacitated forwork, is found to be affected by, or susceptible to, a specific occupationaldisease he may, subject to the approval of the Commission, be permitted towaive in writing compensation for any aggravation of his condition that mayresult from his working or continuing to work in the same or similaroccupation for the same employer.

B. The Commission shall approve a waiver for coal worker's pneumoconiosis andsilicosis only when presented with X-ray evidence from a physician qualifiedin the opinion of the Commission to make the determination and whichdemonstrates a positive diagnosis of the pneumoconiosis or the existence of alung condition which makes the employee or prospective employee significantlymore susceptible to the pneumoconiosis.

C. In considering approval of a waiver, the Commission may supply any medicalevidence to a disinterested physician for his opinion as to whether theemployee 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.)