                                 CODE OF VIRGINIA

DEFINITIONS (§ 65.2-101)

As used in this title:		&#8220;Average weekly wage&#8221; means:

1. a. The earnings of the injured employee in the employment in which he was
working at the time of the injury during the period of 52 weeks immediately
preceding the date of the injury, divided by 52; but if the injured employee
lost more than seven consecutive calendar days during such period, although not
in the same week, then the earnings for the remainder of the 52 weeks shall be
divided by the number of weeks remaining after the time so lost has been
deducted. When the employment prior to the injury extended over a period of less
than 52 weeks, the method of dividing the earnings during that period by the
number of weeks and parts thereof during which the employee earned wages shall
be followed, provided that results fair and just to both parties will be thereby
obtained. When, by reason of a shortness of time during which the employee has
been in the employment of his employer or the casual nature or terms of his
employment, it is impractical to compute the average weekly wages as above
defined, regard shall be had to the average weekly amount which during the 52
weeks previous to the injury was being earned by a person of the same grade and
character employed in the same class of employment in the same locality or
community.
			b. When for exceptional reasons the foregoing would be unfair either to the
employer or employee, such other method of computing average weekly wages may be
resorted to as will most nearly approximate the amount which the injured
employee would be earning were it not for the injury.

2. Whenever allowances of any character made to an employee in lieu of wages are
a specified part of the wage contract, they shall be deemed a part of his
earnings. For the purpose of this title, the average weekly wage of the members
of the Virginia National Guard and the Virginia Defense Force, registered
members on duty or in training of the United States Civil Defense Corps of the
Commonwealth, volunteer firefighters engaged in firefighting activities under
the supervision and control of the Department of Forestry, and forest wardens
shall be deemed to be such amount as will entitle them to the maximum
compensation payable under this title; however, any award entered under the
provisions of this title on behalf of members of the National Guard or their
dependents, or registered members on duty or in training of the United States
Civil Defense Corps of the Commonwealth or their dependents, shall be subject to
credit for benefits paid them under existing or future federal law on account of
injury or occupational disease covered by the provisions of this title.

3. Whenever volunteer firefighters, volunteer emergency medical services
personnel, volunteer law-enforcement chaplains, auxiliary or reserve police,
auxiliary or reserve deputy sheriffs, members of volunteer search and rescue
organizations, volunteer members of community emergency response teams, and
volunteer members of medical reserve corps are deemed employees under this
title, their average weekly wage shall be deemed sufficient to produce the
minimum compensation provided by this title for injured workers or their
dependents. For the purposes of workers&#8217; compensation insurance premium
calculations, the monthly payroll for each volunteer firefighter or volunteer
who is an individual who meets the definition of &#8220;emergency medical
services personnel&#8221; in &#xA7; 32.1-111.1 shall be deemed to be $300.

4. The average weekly wage of persons, other than those covered in subdivision 3
of this definition, who respond to a hazardous materials incident at the request
of the Department of Emergency Management shall be based upon the earnings of
such persons from their primary employers.
			&#8220;Award&#8221; means the grant or denial of benefits or other relief
under this title or any rule adopted pursuant thereto.			&#8220;Change in
condition&#8221; means a change in physical condition of the employee as well as
any change in the conditions under which compensation was awarded, suspended, or
terminated which would affect the right to, amount of, or duration of
compensation.			&#8220;Client company&#8221; means any person that enters into
an agreement for professional employer services with a professional employer
organization.			&#8220;Coemployee&#8221; means an employee performing services
pursuant to an agreement for professional employer services between a client
company and a professional employer organization.			&#8220;Commission&#8221;
means the Virginia Workers&#8217; Compensation Commission as well as its former
designation as the Virginia Industrial Commission.			&#8220;Employee&#8221;
means:

1. a. Every person, including aliens and minors, in the service of another under
any contract of hire or apprenticeship, written or implied, whether lawfully or
unlawfully employed, except (i) one whose employment is not in the usual course
of the trade, business, occupation or profession of the employer or (ii) as
otherwise provided in subdivision 2 of this definition.
			b. Any apprentice, trainee, or retrainee who is regularly employed while
receiving training or instruction outside of regular working hours and off the
job, so long as the training or instruction is related to his employment and is
authorized by his employer.			c. Members of the Virginia National Guard, whether
on duty in a paid or unpaid status or when performing voluntary service to their
unit in a nonduty status at the request of their commander.			Income benefits
for members of the National Guard shall be terminated when they are able to
return to their customary civilian employment or self-employment. If they are
neither employed nor self-employed, those benefits shall terminate when they are
able to return to their military duties. If a member of the National Guard who
is fit to return to his customary civilian employment or self-employment remains
unable to perform his military duties and thereby suffers loss of military pay
which he would otherwise have earned, he shall be entitled to one day of income
benefits for each unit training assembly or day of paid training which he is
unable to attend.			d. Members of the Virginia Defense Force.			e. Registered
members of the United States Civil Defense Corps of the Commonwealth, whether on
duty or in training.			f. Except as provided in subdivision 2 of this
definition, all officers and employees of the Commonwealth, including (i) forest
wardens; (ii) judges, clerks, deputy clerks and employees of juvenile and
domestic relations district courts and general district courts; and (iii)
secretaries and administrative assistants for officers and members of the
General Assembly employed pursuant to § 30-19.4 and compensated as provided in
the general appropriation act, who shall be deemed employees of the
Commonwealth.			g. Except as provided in subdivision 2 of this definition, all
officers and employees of a municipal corporation or political subdivision of
the Commonwealth.			h. Except as provided in subdivision 2 of this definition,
(i) every executive officer, including president, vice-president, secretary,
treasurer or other officer, elected or appointed in accordance with the charter
and bylaws of a corporation, municipal or otherwise and (ii) every manager of a
limited liability company elected or appointed in accordance with the articles
of organization or operating agreement of the limited liability company.			i.
Policemen and firefighters, sheriffs and their deputies, town sergeants and
their deputies, county and city commissioners of the revenue, county and city
treasurers, attorneys for the Commonwealth, clerks of circuit courts and their
deputies, officers and employees, and electoral board members appointed in
accordance with § 24.2-106, who shall be deemed employees of the respective
cities, counties and towns in which their services are employed and by whom
their salaries are paid or in which their compensation is earnable. However,
notwithstanding the foregoing provision of this subdivision, such individuals
who would otherwise be deemed to be employees of the city, county, or town in
which their services are employed and by whom their salaries are paid or in
which their compensation is earnable shall be deemed to be employees of the
Commonwealth while rendering aid outside of the Commonwealth pursuant to a
request, approved by the Commonwealth, under the Emergency Management Assistance
Compact enacted pursuant to § 44-146.28:1.			j. Members of the governing body
of any county, city, or town in the Commonwealth, whenever coverage under this
title is extended to such members by resolution or ordinance duly adopted.			k.
Volunteers, officers and employees of any commission or board of any authority
created or controlled by a local governing body, or any local agency or public
service corporation owned, operated or controlled by such local governing body,
whenever coverage under this title is authorized by resolution or ordinance duly
adopted by the governing board of any county, city, town, or any political
subdivision thereof.			l. Except as provided in subdivision 2 of this
definition, volunteer firefighters, volunteer emergency medical services agency
personnel, volunteer law-enforcement chaplains, auxiliary or reserve police,
auxiliary or reserve deputy sheriffs, members of volunteer search and rescue
organizations, volunteer members of regional hazardous materials emergency
response teams, volunteer members of community emergency response teams, and
volunteer members of medical reserve corps, who shall be deemed employees of (i)
the political subdivision or public institution of higher education in which the
principal office of such volunteer fire company, volunteer emergency medical
services agency personnel, volunteer law-enforcement chaplains, auxiliary or
reserve police force, auxiliary or reserve deputy sheriff force, volunteer
search and rescue organization, regional hazardous materials emergency response
team, community emergency response team, or medical reserve corps is located if
the governing body of such political subdivision or public institution of higher
education has adopted a resolution acknowledging those persons as employees for
the purposes of this title or (ii) in the case of volunteer firefighters or
volunteer emergency medical services personnel, the fire companies or emergency
medical services agencies for which volunteer services are provided whenever
such companies or squads elect to be included as an employer under this
title.			m. (1) Volunteer firefighters, volunteer emergency medical services
agency personnel, volunteer law-enforcement chaplains, auxiliary or reserve
police, auxiliary or reserve deputy sheriffs, members of volunteer search and
rescue organizations and any other persons who respond to an incident upon
request of the Department of Emergency Management, who shall be deemed employees
of the Department of Emergency Management for the purposes of this title.

   2. Volunteer firefighters when engaged in firefighting activities under the
   supervision and control of the Department of Forestry, who shall be deemed
   employees of the Department of Forestry for the purposes of this title.
   				n. Any sole proprietor, shareholder of a stock corporation having only one
   shareholder, member of a limited liability company having only one member, or
   all partners of a business electing to be included as an employee under the
   workers&#8217; compensation coverage of such business if the insurer is
   notified of this election. Any sole proprietor, shareholder or member or the
   partners shall, upon such election, be entitled to employee benefits and be
   subject to employee responsibilities prescribed in this title.				When any
   partner or sole shareholder, member or proprietor is entitled to receive
   coverage under this title, such person shall be subject to all provisions of
   this title as if he were an employee; however, the notices required under
   &#xA7;&#xA7; 65.2-405 and 65.2-600 shall be given to the insurance carrier,
   and the panel of physicians required under &#xA7; 65.2-603 shall be selected
   by the insurance carrier.				o. The independent contractor of any employer
   subject to this title at the election of such employer provided (i) the
   independent contractor agrees to such inclusion and (ii) unless the employer
   is self-insured, the employer&#8217;s insurer agrees in writing to such
   inclusion. All or part of the cost of the insurance coverage of the
   independent contractor may be borne by the independent contractor.				When any
   independent contractor is entitled to receive coverage under this section,
   such person shall be subject to all provisions of this title as if he were an
   employee, provided that the notices required under &#xA7;&#xA7; 65.2-405 and
   65.2-600 are given either to the employer or its insurance
   carrier.				However, nothing in this title shall be construed to make the
   employees of any independent contractor the employees of the person or
   corporation employing or contracting with such independent contractor.				p.
   The legal representative, dependents and any other persons to whom
   compensation may be payable when any person covered as an employee under this
   title shall be deceased.				q. Jail officers and jail superintendents employed
   by regional jails or jail farm boards or authorities, whether created pursuant
   to Article 3.1 (&#xA7; 53.1-95.2 et seq.) or Article 5 (&#xA7; 53.1-105 et
   seq.) of Chapter 3 of Title 53.1, or an act of assembly.				r. AmeriCorps
   members who receive stipends in return for volunteering in local, state and
   nonprofit agencies in the Commonwealth, who shall be deemed employees of the
   Commonwealth for the purposes of this title.				s. Food Stamp recipients
   participating in the work experience component of the Food Stamp Employment
   and Training Program, who shall be deemed employees of the Commonwealth for
   the purposes of this title.				t. Temporary Assistance for Needy Families
   recipients not eligible for Medicaid participating in the work experience
   component of the Virginia Initiative for Education and Work, who shall be
   deemed employees of the Commonwealth for the purposes of this title.

2. &#8220;Employee&#8221; shall not mean:
			a. Officers and employees of the Commonwealth who are elected by the General
Assembly, or appointed by the Governor, either with or without the confirmation
of the Senate. This exception shall not apply to any &#8220;state
employee&#8221; as defined in § 51.1-124.3 nor to Supreme Court Justices,
judges of the Court of Appeals, judges of the circuit or district courts,
members of the Workers&#8217; Compensation Commission and the State Corporation
Commission, or the Superintendent of State Police.			b. Officers and employees
of municipal corporations and political subdivisions of the Commonwealth who are
elected by the people or by the governing bodies, and who act in purely
administrative capacities and are to serve for a definite term of office.			c.
Any person who is a licensed real estate salesperson, or a licensed real estate
broker associated with a real estate broker, if (i) substantially all of the
salesperson&#8217;s or associated broker&#8217;s remuneration is derived from
real estate commissions, (ii) the services of the salesperson or associated
broker are performed under a written contract specifying that the salesperson is
an independent contractor, and (iii) such contract includes a provision that the
salesperson or associated broker will not be treated as an employee for federal
income tax purposes.			d. Any taxicab or executive sedan driver, provided the
Commission is furnished evidence that such individual is excluded from taxation
by the Federal Unemployment Tax Act.			e. Casual employees.			f. Domestic
servants.			g. Farm and horticultural laborers, unless the employer regularly
has in service more than three full-time employees.			h. Employees of any
person, firm or private corporation, including any public service corporation,
that has regularly in service less than three employees in the same business
within this Commonwealth, unless such employees and their employers voluntarily
elect to be bound by this title. However, this exemption shall not apply to the
operators of underground coal mines or their employees. An executive officer who
is not paid salary or wages on a regular basis at an agreed upon amount and who
rejects coverage under this title pursuant to § 65.2-300 shall not be included
as an employee for purposes of this subdivision.			i. Employees of any common
carrier by railroad engaging in commerce between any of the several states or
territories or between the District of Columbia and any of the states or
territories and any foreign nation or nations, and any person suffering injury
or death while he is employed by such carrier in such commerce. This title shall
not be construed to lessen the liability of any such common carrier or to
diminish or take away in any respect any right that any person so employed, or
the personal representative, kindred or relation, or dependent of such person,
may have under the act of Congress relating to the liability of common carriers
by railroad to their employees in certain cases, approved April 22, 1908, or
under §§ 8.01-57 through 8.01-62 or § 56-441.			j. Employees of common
carriers by railroad who are engaged in intrastate trade or commerce. However,
this title shall not be construed to lessen the liability of such common
carriers or take away or diminish any right that any employee or, in case of his
death, the personal representative of such employee of such common carrier may
have under §§ 8.01-57 through 8.01-61 or § 56-441.			k. Except as provided in
subdivision 1 of this definition, a member of a volunteer fire department or
volunteer emergency medical services agency when engaged in activities related
principally to participation as an individual who meets the definition of
&#8220;emergency medical services personnel&#8221; in § 32.1-111.1 or a member
of such fire department whether or not the volunteer continues to receive
compensation from his employer for time away from the job.			l. Except as
otherwise provided in this title, noncompensated employees and noncompensated
directors of (i) corporations exempt from taxation pursuant to § 501(c)(3) of
Title 26 of the United States Code (Internal Revenue Code of 1954) or (ii)
property owners&#8217; associations as defined in § 55.1-1800.			m. Any person
performing services as a sports official for an entity sponsoring an
interscholastic or intercollegiate sports event or any person performing
services as a sports official for a public entity or a private, nonprofit
organization which sponsors an amateur sports event. For the purposes of this
subdivision, &#8220;sports official&#8221; includes an umpire, referee, judge,
scorekeeper, timekeeper or other person who is a neutral participant in a sports
event. This shall not include any person, otherwise employed by an organization
or entity sponsoring a sports event, who performs services as a sports official
as part of his regular employment.			n. Any person who suffers an injury on or
after July 1, 2012, for which there is jurisdiction under either the Longshore
and Harbor Workers&#8217; Compensation Act, 33 U.S.C. § 901 et seq., and its
extensions, or the Merchant Marine Act of 1920, 46 U.S.C. § 30104 et seq.
However, this title shall not be construed to eliminate or diminish any right
that any person or, in the case of the person&#8217;s death, his personal
representative, may have under either the Longshore and Harbor Workers&#8217;
Compensation Act, 33 U.S.C. § 901 et seq., and its extensions, or the Merchant
Marine Act of 1920, 46 U.S.C. § 30104 et seq.			o. An owner-operator of a motor
vehicle that is leased with or to a common or contract carrier in the trucking
industry if (i) the owner-operator performs services for the carrier pursuant to
a contract that provides that the owner-operator is an independent contractor
and shall not be treated as an employee for purposes of the Federal Insurance
Contributions Act, 26 U.S.C. § 3101 et seq., Social Security Act of 1935, P.L.
74-271, federal unemployment tax laws, and federal income tax laws and (ii) each
of the following factors is present:

   1. The owner-operator is responsible for the maintenance of the vehicle;

   2. The owner-operator bears the principal burden of the vehicle&#8217;s
   operating costs;

   3. The owner-operator is the driver;

   4. The owner-operator&#8217;s compensation is based on factors related to the
   work performed and not on the basis of hours or time expended; and

   5. The owner-operator determines the method and means of performing the
   service.
   				&#8220;Employer&#8221; includes (i) any person, the Commonwealth or any
   political subdivision thereof and any individual, firm, association or
   corporation, or the receiver or trustee of the same, or the legal
   representative of a deceased employer, using the service of another for pay
   and (ii) any volunteer fire company or volunteer emergency medical services
   agency electing to be included and maintaining coverage as an employer under
   this title. If the employer is insured, it includes his insurer so far as
   applicable.				&#8220;Executive officer&#8221; means (i) the president,
   vice-president, secretary, treasurer or other officer elected or appointed in
   accordance with the charter and bylaws of a corporation and (ii) the managers
   elected or appointed in accordance with the articles of organization or
   operating agreement of a limited liability company. However, &#8220;executive
   officer&#8221; does not include (a) noncompensated officers of corporations
   exempt from taxation pursuant to &#xA7; 501(c)(3) of Title 26 of the United
   States Code (Internal Revenue Code of 1954) or (b) noncompensated officers of
   a property owners&#8217; association as such term is defined in &#xA7;
   55.1-1800.				&#8220;Filed&#8221; means hand delivered to the
   Commission&#8217;s office in Richmond or any regional office maintained by the
   Commission; sent by means of electronic transmission approved by the
   Commission; sent by facsimile transmission; or posted at any post office of
   the United States Postal Service by certified or registered mail. Filing by
   first-class mail, electronic transmission, or facsimile transmission shall be
   deemed completed only when the document or other material transmitted reaches
   the Commission or its designated agent.				&#8220;Injury&#8221; means only
   injury by accident arising out of and in the course of the employment or
   occupational disease as defined in Chapter 4 (&#xA7; 65.2-400 et seq.) and
   does not include a disease in any form, except when it results naturally and
   unavoidably from either of the foregoing causes. Such term shall not include
   any injury, disease or condition resulting from an employee&#8217;s voluntary:

1. Participation in employer-sponsored off-duty recreational activities which
are not part of the employee&#8217;s duties; or

2. Use of a motor vehicle that was provided to the employee by a motor vehicle
dealer as defined by &#xA7; 46.2-1500 and bears a dealer&#8217;s license plate
as defined by &#xA7; 46.2-1550 for (i) commuting to or from work or (ii) any
other nonwork activity.
			Such term shall include any injury, disease or condition:

1. Arising out of and in the course of the employment of (a) an employee of a
hospital as defined in &#xA7; 32.1-123; (b) an employee of a health care
provider as defined in &#xA7; 8.01-581.1; (c) an employee of the Department of
Health or a local department of health; (d) a member of a search and rescue
organization; or (e) any person described in clauses (i) through (iv), (vi), and
(ix) of subsection A of &#xA7; 65.2-402.1 otherwise subject to the provisions of
this title; and

2. Resulting from (a) the administration of vaccinia (smallpox) vaccine,
Cidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of
federally initiated smallpox countermeasures, or (b) transmission of vaccinia in
the course of employment from an employee participating in such countermeasures
to a coemployee of the same employer.
			&#8220;Professional employer organization&#8221; means any person that enters
into a written agreement with a client company to provide professional employer
services.			&#8220;Professional employer services&#8221; means services provided
to a client company pursuant to a written agreement with a professional employer
organization whereby the professional employer organization initially employs
all or a majority of a client company&#8217;s workforce and assumes
responsibilities as an employer for all coemployees that are assigned,
allocated, or shared by the agreement between the professional employer
organization and the client company.			&#8220;Staffing service&#8221; means any
person, other than a professional employer organization, that hires its own
employees and assigns them to a client to support or supplement the
client&#8217;s workforce. It includes temporary staffing services that supply
employees to clients in special work situations such as employee absences,
temporary skill shortages, seasonal workloads, and special assignments and
projects.

HISTORY: Code 1950, §§ 65-2 through 65-7.1, 65-24, 65-25; 1952, c. 551; 1954,
c. 246; 1956, cc. 283, 479; 1956, Ex. Sess., c. 53; 1958, c. 187; 1960, c. 149;
1962, c. 530; 1964, c. 603; 1966, c. 200; 1968, c. 660, §§ 65.1-2, 65.1-3,
65.1-4, 65.1-5 through 65.1-8, 65.1-27, 65.1-28; 1970, c. 470; 1971, Ex. Sess.,
c. 7; 1972, cc. 464, 619; 1973, cc. 297, 542; 1975, c. 330, § 65.1-4.1; 1976,
c. 187; 1977, c. 326; 1978, cc. 41, 841; 1979, c. 80, § 65.1-2.1; 1980, c. 421,
§ 65.1-4.2; 1983, c. 346; 1984, cc. 388, 694, 703, § 65.1-4.3; 1987, cc. 213,
308, § 65.1-4.4; 1988, c. 360; 1989, cc. 312, 319, 437, §§ 65.1-4.5,
65.1-4.6; 1990, c. 838, § 65.1-4.1:1; 1991, cc. 277, 354, 355; 1992, c. 12;
1993, c. 280; 1994, cc. 271, 286, 526; 1995, cc. 4, 168, 272, 288; 1996, cc.
250, 721; 1998, c. 52; 1999, c. 1006; 2000, cc. 301, 624, 718, 1018; 2002, c.
69; 2003, c. 999; 2004, cc. 888, 928; 2005, cc. 354, 368, 374, 472; 2006, c.
629; 2007, c. 475; 2010, cc. 158, 278; 2011, cc. 572, 586, 665; 2012, c. 654;
2014, c. 209; 2015, cc. 13, 221, 442, 447, 502, 503; 2019, c. 210.