                                 CODE OF VIRGINIA

NOTICE TO BE GIVEN (§ 65.2-405)

A. Within sixty days after a diagnosis of an occupational disease is first
communicated to the employee, he, or someone in his behalf, shall give written
notice thereof to the employer in accordance with &#xA7; 65.2-600, but in no
case shall the failure to give notice deprive the employee of his cause of
action for an occupational disease, unless it be shown that such failure
resulted in clear prejudice to the employer.

B. The statute of limitations provided under subdivision A 1 of &#xA7; 65.2-406
shall be tolled until the employer gives the employee notice in substantially
the following form:
			NOTICE TO EMPLOYEE			IN THE EVENT A DIAGNOSIS OF COAL MINERS&#8217;
PNEUMOCONIOSIS (INCLUDING BLACK LUNG, SILICOSIS, PNEUMOCONIOSIS, COAL
WORKERS&#8217; PNEUMOCONIOSIS, ROCK DUST, DUST, DUST ON YOUR LUNGS OR TERMS OF
SIMILAR MEANING) IS COMMUNICATED TO YOU, YOU MAY HAVE A WORKERS&#8217;
COMPENSATION CLAIM. HOWEVER, SUCH CLAIM MAY BE LOST IF YOU DO NOT FILE IT WITH
THE VIRGINIA WORKERS&#8217; COMPENSATION COMMISSION WITHIN THE TIME LIMIT
PROVIDED BY LAW. YOU MAY FIND OUT WHAT TIME LIMIT APPLIES TO YOUR CLAIM BY
CONTACTING THE WORKERS&#8217; COMPENSATION COMMISSION. THE FACT THAT YOU ARE
TOLD THAT YOU HAVE COAL MINERS&#8217; PNEUMOCONIOSIS WHICH HAS NOT REACHED THE
COMPENSABLE LEVEL UNDER THE GUIDELINES OF THE WORKERS&#8217; COMPENSATION
COMMISSION OR THAT YOU ARE STILL ABLE TO WORK OR ARE WORKING DOES NOT STOP THE
TIME FROM RUNNING OR OTHERWISE RELIEVE YOU OF YOUR DUTY TO FILE YOUR CLAIM WITH
THE WORKERS&#8217; COMPENSATION COMMISSION.			Such notice shall also include the
address and telephone number which the employee may use to contact the
Commission.			The employer shall post and keep posted, conspicuously, the above
notice in, on, or about the mine operations in places usually frequented by
employees.

C. The provisions of subsection B shall apply only to claims arising on or after
July 1, 1991.

HISTORY: Code 1950, § 65-48; 1952, c. 205; 1958, c. 457; 1968, c. 660, §
65.1-51; 1970, c. 470; 1972, c. 619; 1991, cc. 301, 355.