Virginia Code 51.1-1176: Exclusions and limitations
A. Disability benefits shall not be payable to any participating employee (i) whose disability results from the employee’s commission of a felony or (ii) during any period when the employee is incarcerated.
Terms Used In Virginia Code 51.1-1176
- Disability: means a partial disability or total disability. See Virginia Code 51.1-1150
- Participating employee: means any eligible employee required to participate in the program. See Virginia Code 51.1-1150
- Program: means the program providing short-term disability and long-term disability benefits for participating employees established pursuant to this chapter. See Virginia Code 51.1-1150
B. Long-term disability benefits shall not be payable to any participating employee whose disability results from the abuse of alcohol, the misuse of any prescribed medication, or the misuse of any controlled substance, unless the employee is actively receiving treatment and, in the judgment of the case manager, is fully complying with the treatment plan and is making substantial progress toward rehabilitation.
C. Disability benefits shall not be payable if the participating employee is determined by the Board or its designee to be noncompliant with the program.