Virginia Decodedhttps://vacode.org37658165.2-303Recovery from subcontractor; proceedings against owner or contractor202665.2-304Workers' CompensationApplication and Effect of Title

A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed as preventing a worker from recovering compensation under this title from a subcontractor (as described in § 65.2-302) instead of from the principal contractor (as described in § 65.2-302) but he shall not collect from both.

B. When compensation is claimed from or proceedings are taken against the owner or contractor (as described in § 65.2-302), then, in the application of this title, reference to the owner or contractor shall be substituted for reference to the subcontractor (as described in § 65.2-302), except that the amount of compensation shall be calculated with reference to the earnings of the worker under the subcontractor by whom he is immediately employed.

Code 1950, §§ 65-29, 65-31; 1968, c. 660, §§ 65.1-32, 65.1-34; 1991, c. 355.MARK FIVE CONST. v. Castle ContractorsRecord 061304.645 S.E.2d 4752007-06-08https://www.courtlistener.com/opinion/1058631/mark-five-const-v-castle-contractors/ . . . 645 S.E.2d 475 (2007) . . . SCVSites Const. Co., Inc. v. HarbesonRecord Nos. 1866-92-4, 1867-92-4 and 1868-92-4434 S.E.2d 11993-08-03https://www.courtlistener.com/opinion/1219942/sites-const-co-inc-v-harbeson/ . . . 434 S.E.2d 1 (1993) . . . COAStates Roofing Corp. v. Bush Construction Corp.Record No. 2062-91-1426 S.E.2d 1241993-01-19https://www.courtlistener.com/opinion/1307540/states-roofing-corp-v-bush-construction-corp/ . . . 426 S.E.2d 124 (1993) . . . COA