65.2-709 - Cost of living supplements for total incapacity and dependents of deceased. - Virginia Statutes

§ 65.2-709. Cost of living supplements for total incapacity and dependents ofdeceased.

A. In the event that the combined disability benefit entitlement of aclaimant or his dependents under this title and the Federal Old-Age Survivorsand Disability Insurance Act is less than eighty percent of the averagemonthly earnings of the claimant before disability or death, cost of livingsupplements shall be payable, in addition to the other benefits payable underthis title, in accordance with the provisions of this section to thoserecipients of awards resulting from occupational disease, accident, or deathoccurring on or after July 1, 1975, under § 65.2-500, subsection C of §65.2-503, subdivision A 4 of § 65.2-504, and §§ 65.2-512 and 65.2-513. Forpurposes of determining the monthly amount of combined disability entitlementreceived by a claimant, the claimant may deduct any monthly amounts paid forMedicare.

B. The Commission may require the claimant to present evidence of filing forFederal Old-Age Survivors and Disability Insurance benefits in order toestablish eligibility under this section and also may require the claimant tofurnish the employer with the decision on his claim for such federal benefits.

C. The amounts of supplementary payments provided for herein shall bedetermined by using a compounding method of computation annually. Thepercentage of change shall be determined by reference to the increase, ifany, in the United States Average Consumer Price Index for all items, aspublished by the Bureau of Labor Statistics of the United States Departmentof Labor, from its monthly average, from one calendar year to another.

D. Amounts of supplementary payments shall be based on the percentageincrease, if any, in the Average Consumer Price Index for all items adjustedannually. Any change in the cost of living supplement determined as of anydetermination date shall become effective as of October 1 next following suchdetermination date and as the case may be, shall be added to or subtractedfrom any cost of living supplements previously payable; however, compensationpaid the claimant under this section shall at no time exceed the then currentmaximum weekly amount payable under § 65.2-500.

(1975, c. 472, § 65.1-99.1; 1981, c. 265; 1986, c. 548; 1991, c. 355; 1997,c. 296.)