SB 562 — Workers' compensation; time period for filing claim, certain cancers.
Last action — Approved by Governor-Chapter 498 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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7 sponsors
1 primary, 6 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Workers' compensation; time period for filing claim; certain cancers. Provides that the time period for filing a workers' compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs. The bill provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. This bill is identical to HB 1042.
Bill Text
What changed in the latest version
62 added · 60 removedPlain-language change summary
The recent amendment to SB 562 clarified and updated the time limits for filing workers' compensation claims related to specific diseases, particularly certain types of cancer. Notably, the language was streamlined to emphasize key deadlines, enhancing understanding of the claims process for affected employees. This change matters because it aims to ensure that workers are informed and able to take action within the necessary time frames, ultimately supporting their rights to compensation for occupational diseases.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E498 An Act to amend and reenact § 65.2-406 of the Code of Virginia, relating to workers' compensation;
R O [S 562] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E § 65.2-406.
DA. the Commission within one of the following time periods:
The right to compensation under this chapter shall be forever barred unless a claim is filed with 1.the Commission within one of the following time periods:
For1. coal miners' pneumoconiosis, three years after a diagnosis of the disease, as category 1/0 or greater as classified under the current International Labour Office Classification of Radiographs of the Pneumoconiosis, is first communicated to the employee or the legal representative of his estate or within five years from the date of the last injurious exposure in employment, whichever first occurs;
For coal miners' pneumoconiosis, three years after a diagnosis of the disease, as category 1/0 or greater as classified under the current International Labour Office Classification of Radiographs of the five years from the date of the last injurious exposure in employment, whichever first occurs;e or within 2.
For byssinosis, two years after a diagnosis of the disease is first communicated to the employee or within seven years from the date of the last injurious exposure in employment, whichever first Bccurs;occurs;
For asbestosis, two years after a diagnosis of the disease is first communicated to the e6ployee;employee;
acquired4. immunodeficiency syndrome, two years after a positive test for infection with human E immunodeficiency virus;
RFor 5.symptomatic or asymptomatic infection with human immunodeficiency virus including acquired immunodeficiency syndrome, two years after a positive test for infection with human immunodeficiency virus;
5.
or communicated7. to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs.
For all other occupational diseases, two years after a diagnosis of the disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs.
Cataract of the eyes due to exposure to the heat and glare of molten glass or to radiant rays such as 2.infrared;
2.
A claim for benefits pursuant to subdivision A 6 made as a result of the diagnosis of a disease listed in subsection C of § 65.2-402 shall be barred if the employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.der,employment. D.
D.
For a first or an advanced stage of asbestosis or mesothelioma, if the employee is still employed in the employment in which he was injuriously exposed, the weekly compensation rate shall be based upon the employee's weekly wage as of the date of communication of the first or advanced stage of the disease, as the case may be.
If the employee is of 2 unemployed, or employed in another employment, the weekly compensation rate shall be based upon the average weekly wage of a person of the same or similar grade and character in the same class of of 2 employment in which the employee was injuriously exposed and preferably in the same locality or community on the date of communication to the employee of the advanced stage of the disease or mesothelioma.
View plain text versions (4)
- CHAP0498 View text Current pdf April 11, 2022
- SB562ER View text pdf March 04, 2022
- Engrossed Printed as engrossed 22103722D-E pdf February 03, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103722D pdf January 12, 2022
Action History
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Approved by Governor-Chapter 498 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by Speaker
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Impact statement from DPB (SB562ER)
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Signed by President
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Enrolled
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VOTE: Block Vote Passage (100-Y 0-N)
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Passed House BLOCK VOTE (100-Y 0-N)
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Read third time
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Read second time
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Reported from Commerce and Energy (22-Y 0-N)
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB562E)
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Read third time and passed Senate (25-Y 14-N)
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Printed as engrossed 22103722D-E
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Engrossed by Senate as amended SB562E
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Committee amendment agreed to
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Reading of amendment waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Commerce and Labor with amendment (12-Y 3-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB562)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/12/22 22103722D
Sponsors
- Scott A. Surovell · Cosponsor
- Joseph D. Morrissey · Cosponsor
- Adam P. Ebbin · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
- Cosgrove, John A., Jr. · Cosponsor
- Richard L. Saslaw · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 141 not signed on · 14 voted No
Sponsors (1)
Co-sponsors (6)
- Scott A. Surovell
- Joseph D. Morrissey
- Adam P. Ebbin
- Kory, Kaye
- Keam, Mark L.
- Cosgrove, John A., Jr.
Not signed on (141)
141 members have not signed on to this bill.
Show all 141 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 14 | 0 | 1 |
| Total | 25 | 14 | 0 | 1 |
| % of votes cast | 63% | 35% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 3 | 0 | 0 |
| Total | 12 | 3 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 562 do?
- Workers' compensation; time period for filing claim; certain cancers. Provides that the time period for filing a workers' compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs. The bill provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. This bill is identical to HB 1042.
- Who sponsors SB 562?
- SB 562 is sponsored by Scott A. Surovell, Joseph D. Morrissey, Adam P. Ebbin, Kory, Kaye, Keam, Mark L., Cosgrove, John A., Jr., and Saslaw, Richard L..
- What is the current status of SB 562?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track SB 562?
- Track SB 562 free on One Click Politics — get push/email alerts when it moves.
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