A. Whenever an employee is imprisoned in a jail, state correctional facility, or any other place of incarceration and (i) the imprisonment resulted from the employee’s conviction of a criminal offense and followed his sentencing therefor by a court of competent jurisdiction, (ii) the employee is receiving compensation for temporary total incapacity pursuant to § 65.2-500 or temporary partial incapacity under § 65.2-502, and (iii) the employee is medically released to perform selective employment, compensation benefits for wage loss shall be suspended under § 65.2-708 upon filing of a proper application to the Commission.

B. If benefits are suspended for incarceration pursuant to this section and the employee’s conviction is subsequently reversed on appeal and no further appeals or prosecutions concerning such prior conviction are had, the employee’s benefits shall be restored under § 65.2-708 upon filing of a proper application to the Commission.

C. The provisions of this section shall only apply to an employee who receives a workers’ compensation award after July 1, 1992.

History

1992, c. 466.