65.2-510.1 - Employee imprisonment; suspension of benefits. - Virginia Statutes

§ 65.2-510.1. Employee imprisonment; suspension of benefits.

A. Whenever an employee is imprisoned in a jail, state correctional facility,or any other place of incarceration and (i) the imprisonment resulted fromthe employee's conviction of a criminal offense and followed his sentencingtherefor by a court of competent jurisdiction, (ii) the employee is receivingcompensation for temporary total incapacity pursuant to § 65.2-500 ortemporary partial incapacity under § 65.2-502, and (iii) the employee ismedically released to perform selective employment, compensation benefits forwage loss shall be suspended under § 65.2-708 upon filing of a properapplication to the Commission.

B. If benefits are suspended for incarceration pursuant to this section andthe employee's conviction is subsequently reversed on appeal and no furtherappeals or prosecutions concerning such prior conviction are had, theemployee's benefits shall be restored under § 65.2-708 upon filing of aproper application to the Commission.

C. The provisions of this section shall only apply to an employee whoreceives a workers' compensation award after July 1, 1992.

(1992, c. 466.)