Final Text
A. Definitions. For purposes of this section, the following definitions shall apply:
"ILO Classification" means the current International Labour Organization Classification of Radiographs of the Pneumoconioses as specified in Virginia Code § 65.2-504.
"Independent B-Reader Classification" means a chest radiograph ILO classification performed without consultation, collaboration, or review of another reader's findings and without access to the worker's occupational or exposure history.
"Majority" means agreement by at least two (2) of three Pulmonary Committee Members.
"Median" means the middle profusion category when the three reported profusion scores are ordered from lowest to highest.
"Concensus Radiographic Report" means the standardized summary report prepared by the Pulmonary Committee Chairman applying the consensus rules set forth in this Rule 10.4.
"Evidentiary Record" means the complete record of medical evidence considered in the adjudicatory proceeding before the Virginia Workers' Compensation Commission, including all independent B-reader classifications and the consensus radiographic report.
"True Copy of the Subject Chest Radiograph" means a true and correct copy of the original digital data in the DICOM format maintained by the facility where the subject chest radiograph of the claimant was obtained without any alteration, modification, or reformatting of that data whatsoever.
B. Limitation on x-ray submissions. In any claim for first, second, or third stage pneumoconiosis under § 65.2-504 of the Code of Virginia, the employer and the employee each shall be limited to submission of not more than three medical interpretations (readings) of x-ray evidence without regard to the number of x-rays. For good cause shown, additional interpretations may be received as evidence if deemed necessary by the commission.
B. C. Reading by Pulmonary Committee. Any party to a contested claim, or the parties upon agreement, may submit the x-ray evidence to the commission for interpretation by the Pulmonary Committee. If a party agrees to accept the x-ray reading of the Pulmonary Committee as the binding classification, the costs of evaluation shall be borne by the commission.
C. D. Appointment of Pulmonary Committee. The commission shall appoint a Pulmonary Committee to be composed of at least three qualified physicians certified as B readers under standards promulgated by the International Labour Organization (ILO).