The Commission shall enter awards against the Second Injury Fund in favor of an employer or carrier only upon a finding that: (i) the employee has prior loss or loss of use, supported by medical evidence, of not less than twenty percent of one or more of the members set out in § 65.2-1102; (ii) the employee has suffered in an industrial accident an additional loss or loss of use of any one of the members set out in § 65.2-1102 of not less than twenty percent; (iii) the combination of both impairments has rendered the employee totally or partially disabled as defined in § 65.2-1102; (iv) the carrier or employer has paid the compensation due under §§ 65.2-500 and 65.2-502, and the permanent partial disability due under § 65.2-503 and the medical treatment under § 65.2-603; and (v) the employee is entitled to further compensation for disability which has been paid by the employer or carrier.

History

1980, c. 599, § 65.1-141.1; 1991, c. 355.