dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-909. Determination of incapacity; effect.
A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under § 64.2-904, (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has determined that the beneficiary is incapacitated. A custodial trustee may determine that the beneficiary is incapacitated in reliance upon (a) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (b) the certificate of the beneficiary's physician, or (c) other persuasive evidence. On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated. Absent determination of incapacity of the beneficiary, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.

B. If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.

C. Incapacity of a beneficiary does not terminate (i) the custodial trust, (ii) any designation of a successor custodial trustee, (iii) rights or powers of the custodial trustee, or (iv) any immunities of third persons acting on instructions of the custodial trustee.

1990, c. 264, § 55-34.10; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-910. Exemption of third person from liability.
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining (i) the validity of the purported custodial trustee's designation, (ii) the propriety of, or the authority under this chapter for, any action of the purported custodial trustee, (iii) the validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee, or (iv) the propriety of the application of property vested in the purported custodial trustee.

1990, c. 264, § 55-34.11; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-911. Liability to third person; exceptions.
A. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.

B. A custodial trustee is not personally liable to a third person (i) on a contract properly entered into in a fiduciary capacity, unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract, or (ii) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.

C. This section does not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.

1990, c. 264, § 55-34.12; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-913. Expenses, compensation, and bond of custodial trustee.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:

1. Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;

2. Has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and

3. Need not furnish a bond or other security for the faithful performance of fiduciary duties.

1990, c. 264, § 55-34.14; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-914. Reporting and accounting by custodial trustee; determination of liability.
A. Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (i) once each year, (ii) upon request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust. The statements shall be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.

B. A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.

C. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.

D. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.

E. In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.

F. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.

1990, c. 264, § 55-34.15; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-915. Limitations of action against custodial trustee.
A. Except as otherwise provided in subsection C, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee who (i) has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement or (ii) has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.

B. Except as otherwise provided in subsection C, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.

C. A claim for relief is not barred by this section if the claimant:

1. Is a minor, until the earlier of two years after the claimant becomes an adult or dies;

2. Is an incapacitated adult, until the earliest of two years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or

3. Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.

1990, c. 264, § 55-34.16; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-916. Distribution on termination.
A. Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property as follows:

1. To the beneficiary, if not incapacitated or deceased;

2. To the conservator or such other recipient as is designated by the court for an incapacitated beneficiary; or

3. Upon the beneficiary's death, in the following order:

a. As last directed in writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;

b. To the survivor of multiple beneficiaries if survivorship is provided for pursuant to § 64.2-905;

c. As designated in the instrument creating the custodial trust; or

d. To the estate of the deceased beneficiary.

B. If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.

C. Death of the beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.

1990, c. 264, § 55-34.17; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 9 (UNIFORM CUSTODIAL TRUST ACT)
§ 64.2-918. Applicable law.
A. This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in the Commonwealth or custodial trust property is located in the Commonwealth. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from the Commonwealth.

B. A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in the Commonwealth.

1990, c. 264, § 55-34.19; 2012, c. 614.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-100. Short title.
This title shall be known as the Virginia Workers' Compensation Act.

Code 1950, § 65-1; 1968, c. 660, § 65.1-1; 1983, c. 239; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-101.1. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Commission is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Commission may be sent by regular mail.

2011, c. 566.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-102. Coverage of firefighters and law-enforcement officers in off-duty capacity.
A. Notwithstanding any other provision of law, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any firefighter or law-enforcement officer who, in an off-duty capacity or outside an assigned shift or work location, undertakes any law-enforcement or rescue activity. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.

B. For purposes of this section:

"Firefighter" means all (i) salaried firefighters, including special forest wardens designated pursuant to § 10.1-1135, emergency medical services personnel, and arson investigators and (ii) volunteer firefighters and emergency medical services personnel, if the governing body of the political subdivision in which the principal office of such volunteer fire company or volunteer emergency medical services agency is located has adopted a resolution acknowledging such volunteer fire company or volunteer emergency medical services agency as employees for purposes of this title.

"Law-enforcement officer" means all (i) members of county, city, town, or authority police departments, (ii) sheriffs and deputy sheriffs, (iii) auxiliary or reserve police and auxiliary or reserve deputy sheriffs, if the governing body of the political subdivision in which the principal office of such auxiliary or reserve police and auxiliary or reserve deputy sheriff force is located has adopted a resolution acknowledging such auxiliary or reserve police and auxiliary or reserve deputy sheriffs as employees for purposes of this title, (iv) members of the State Police Officers' Retirement System, and (v) members of the Capitol Police as described in § 30-34.2:1.

1993, c. 719; 2001, c. 330; 2008, c. 109; 2015, cc. 502, 503.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-103. Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders.
A claim for workers' compensation benefits shall be deemed to be in the course of employment with the Virginia National Guard or Virginia Defense Force for any member thereof who, reacting to an order to report received while he is outside an assigned shift or work location, undertakes in direct obedience to a lawful military order travel by the most expeditious route to his designated place of state active duty pursuant to §§ 44-54.4, 44-75.1, and 44-78.1. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.

2005, c. 223; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-104. Coverage of first responders in off-duty capacity during state of emergency.
A. Notwithstanding any other provision of law, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16, attributable to an enemy attack, sabotage or other hostile action, resource shortage, or fire, flood, earthquake or other natural cause, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any first responder who, in response to a lawful order issued pursuant to the state of emergency, travels by the most expeditious route to or from his home or other location outside an assigned shift or work location to or from that shift or work location. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.

B. For purposes of this section, "first responder" shall include any person referenced in subdivision 1 l of the definition of "employee" in § 65.2-101 who provides emergency services, during the period that the states of emergency defined in subsection A are in effect.

2005, c. 429.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-105. Presumption that certain injuries arose out of and in the course of employment.
In any claim for compensation, where the employee (i) is physically or mentally unable to testify as confirmed by competent medical evidence, (ii) dies with there being no evidence that he ever regained consciousness after the accident, (iii) dies at the accident location or nearby, or (iv) is found dead where he is reasonably expected to be as an employee, and where the factual circumstances are of sufficient strength from which the only rational inference to be drawn is that the accident arose out of and in the course of employment, it shall be presumed the accident arose out of and in the course of employment, unless such presumption is overcome by a preponderance of competent evidence to the contrary.

2011, cc. 229, 304; 2012, c. 841; 2013, c. 169; 2016, c. 358.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 1 (DEFINITIONS AND GENERAL PROVISIONS)
§ 65.2-106. Criminal justice training academy trainees.
A. Notwithstanding any other provision of law, any individual who receives training at a criminal justice training academy established pursuant to Article 5 (§ 15.2-1747 et seq.) of Chapter 17 of Title 15.2 shall not be deemed an employee of the criminal justice training academy. A criminal justice training academy shall have no liability to provide coverage or benefits under this title to any individual receiving training at the academy.

B. The employer that arranges for an individual to be trained at a criminal justice training academy shall provide coverage and benefits under this title to the individual during the period the individual is receiving training at the academy.

2013, c. 219.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1000. Tax for administrative fund.
For the purpose of paying the salaries and necessary expenses of the Workers' Compensation Commission and its assistants and employees in administering and carrying out the provisions of this title, an administrative fund shall be created and maintained in the following manner:

1. Every person, partnership, association, corporation, whether organized under the laws of this or any other state or country, company, mutual company or association, the parties to any interindemnity contract or reciprocal plan or scheme, and every other insurance carrier, insuring employers in this Commonwealth against liability for personal injuries to their employees or death caused thereby, under the provisions of this title, shall, as hereinafter provided, pay a tax upon the premiums received, whether in cash or notes, in this Commonwealth or on account of business done in this Commonwealth, for such insurance in this Commonwealth, at the rate of 2.5 percent of the amount of such premiums.

2. However, premiums received for insuring liability which exists concurrently under this title and the Federal Coal Mine Health and Safety Act of 1969, as amended, shall be modified in accordance with an equitable premium modification plan approved by the Commission. Such tax shall be in lieu of all other taxes on such premiums, except as provided in §§ 65.2-1101, 65.2-1201, and Chapter 4 (§ 38.2-400 et seq.) of Title 38.2, and shall be assessed and collected as hereinafter provided. But such insurance carriers shall be credited with all cancelled or returned premiums, actually refunded during the year on such insurance, and with premiums on reinsurance assumed.

Code 1950, § 65-120; 1968, c. 660, § 65.1-129; 1975, c. 365; 1977, c. 345; 1984, c. 606; 1991, c. 355; 1996, c. 56.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1001. Returns.
A. Every such insurance carrier shall, for the twelve months ending December 31 of each year, make a return verified by the affidavits of its president and secretary, or other chief officers or agents, to the Workers' Compensation Commission stating the amount of such premiums and credits during the period covered by such return.

B. The State Corporation Commission shall have access at all times to the records so filed with the Workers' Compensation Commission by such insurance carriers and may require such additional information as the State Corporation Commission deems necessary for the performance of the duties herein conferred upon it.

Code 1950, § 65-121; 1968, c. 660, § 65.1-130; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1002. Payment of tax.
Every insurance carrier required to make such return shall file the same with the Workers' Compensation Commission within thirty days after the close of the period covered thereby and shall at the same time pay into the state treasury a tax of $2.50 on each $100 of such premiums ascertained as provided in § 65.2-1000, less returned premiums and reinsurance assumed.

Code 1950, § 65-122; 1968, c. 660, § 65.1-131; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1003. Failure to file return.
If any such insurance carrier shall fail or refuse to make the return required by this title, the State Corporation Commission shall assess the tax against such insurance carrier at the rate herein provided for, on such amount of premiums as it may deem just, and the proceedings thereon shall be the same as if the return had been made.

Code 1950, § 65-123; 1968, c. 660, § 65.1-132; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1004. Withdrawal from business or failure to pay tax.
If any such insurance carrier shall withdraw from business in this Commonwealth before the tax shall fall due, as herein provided, or shall fail or neglect to pay such tax, the Comptroller shall at once proceed to collect the same and may employ such legal process as may be necessary for that purpose, and when so collected he shall pay the same into the state treasury. The suit may be brought by the Comptroller, in his official capacity, in any court of this Commonwealth having jurisdiction. A reasonable attorney's fee may be taxed as costs therein and process may issue to any county of the Commonwealth and may be served as in civil actions, or in the case of an unincorporated association, partnership, interindemnity contract or other plan or scheme, upon any agent of the parties thereto upon whom process may be served under the laws of this Commonwealth.

Code 1950, § 65-124; 1968, c. 660, § 65.1-133; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1005. Tax exclusive of other taxes.
Any insurance carrier liable to pay a tax upon premiums under this title shall not be liable to pay any other or further tax upon such premiums, or on account thereof, under any other law of this Commonwealth, except as provided in §§ 65.2-1101, 65.2-1201, and Chapter 4 (§ 38.2-400 et seq.) of Title 38.2.

Code 1950, § 65-125; 1968, c. 660, § 65.1-134; 1975, c. 365; 1977, c. 345; 1991, c. 355; 1996, c. 56.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1007. Disposition of fund.
Upon receiving the payments required by § 65.2-1002, the Comptroller shall place the whole thereof to the credit of the fund for the administration of this title. Such fund shall not be used for any other purpose, except as hereinafter expressly provided. The Workers' Compensation Commission shall administer the fund to carry out the provisions of this title and shall disburse the same as hereinafter directed. If the receipts shall exceed the expenditures for any year and a surplus accrue in the fund in excess of one year's budgeted expenditures, the Commission shall authorize a credit for the ensuing years as provided by § 65.2-1008. No portion of the fund or any surplus accruing therein shall be paid into the general fund of the state treasury, nor shall the fund be administered, handled or disbursed except as provided in this section. All claims for salaries or expenses, when approved by a majority of the members of the Commission, shall be presented to the Comptroller and audited by him under the provisions of Chapter 8 (§ 2.2-800 et seq.) of Title 2.2, and he shall draw his disbursement warrants therefor on the State Treasurer; however, any claim for $2,000 or less may be approved by the Chairman or his designee. All such claims shall show to whom and for what service, material or other things or reason such amounts are to be paid and shall be accompanied by voucher, checks or receipts covering the same, except as to items of less than one dollar.

Code 1950, § 65-127; 1968, c. 660, § 65.1-136; 1976, c. 603; 1980, c. 554; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 10 (ADMINISTRATIVE FUND AND TAX THEREFOR)
§ 65.2-1008. When fund in excess of requirement.
If it be ascertained that the tax collected exceeds the total chargeable against the maintenance fund under the provisions of this title, the Workers' Compensation Commission shall authorize a corresponding credit upon the collection for any year or make refunds of taxes collected in such amounts as are necessary to maintain a fund balance not exceeding one year's budgeted expenditures.

Code 1950, § 65-128; 1968, c. 660, § 65.1-137; 1976, c. 603; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1100. Fund created.
There is hereby created a fund to be known as the "Second Injury Fund" to be administered, maintained and disbursed by the Commission as hereinafter provided.

1975, c. 365, § 65.1-138; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1101. Funding.
A. For the purpose of providing funds for compensation for disability as hereinafter defined, medical treatment and vocational rehabilitative services, a tax of one quarter of one percent shall be assessed, collected and paid into the state treasury by the same persons and in the same manner as set forth in Chapter 10 (§ 65.2-1000 et seq.) of this title.

B. This tax shall be in addition to the tax for the Commission administrative fund and shall be held by the Comptroller of the Commonwealth solely for the payment of awards against such fund.

C. In any fiscal year in which the Second Injury Fund has to its credit a sum in excess of $250,000, the tax shall be suspended for the ensuing fiscal years and its collection not resumed until the balance in the fund is reduced below $125,000.

1975, c. 365, § 65.1-139; 1980, c. 599; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1102. Disability defined.
For the purpose of this chapter, disability shall mean: (i) the partial or total loss or loss of use of an arm, hand, leg, foot, eye, finger, toe, or any combination of two or more thereof in an industrial accident and (ii) actual incapacity for work at the claimant's average weekly wage.

1975, c. 365, § 65.1-140; 1980, c. 599; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1103. When awards entered.
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.

1980, c. 599, § 65.1-141.1; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1104. Award for compensation, medical treatment and vocational rehabilitation.
Upon a determination by the Commission that an employer or carrier has paid compensation, medical expenses or vocational rehabilitation services on behalf of an employee under circumstances as set forth under § 65.2-1103 and if notice of a claim against the Second Injury Fund was given prior to payment of the benefits, the Commission shall enter an award from the Second Injury Fund in favor of such employer or carrier for: (i) reimbursement on a pro rata basis of the compensation paid for further disability as set forth in clause (v) of § 65.2-1103, such prorating to be computed according to the number of weeks each impairment is allowed under the schedule in § 65.2-503; (ii) reimbursement of reasonable medical expenses on the same basis as set forth in subdivision (i) of this section, provided the second injury is to the same previously impaired member but such reimbursement shall not exceed $7,500; and (iii) reimbursement of reasonable vocational rehabilitation training service on the same basis as set forth in subdivision (i) of this section but said reimbursement not to exceed $7,500.

1980, c. 599, § 65.1-142.1; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1105. Payments by fraud, mistake or improper processing of claim; recovery.
Any payment to the employer or carrier pursuant to this chapter which is later determined by the Commission to have been procured through fraud, mistake or the improper processing of the claim by the carrier shall be recovered from the employer or carrier and credited to the Second Injury Fund. Any subrogation recoveries or other recoveries from a third party or other source shall be shared by the employer or carrier and the Second Injury Fund on a pro rata basis after deducting all reasonable expenses in obtaining the recovery.

1975, c. 365, § 65.1-144; 1980, c. 599; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 11 (SECOND INJURY FUND)
§ 65.2-1106. Claims and hearings.
Claims against the Second Injury Fund and any hearings on the merits of such claims shall be within the time limits and in the manner otherwise provided for workers' compensation claims. All claims against the Second Injury Fund shall be defended by the Attorney General.

1975, c. 365, § 65.1-145; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1200. Fund created.
There is hereby created a fund to be known as the "Uninsured Employer's Fund" to be administered, maintained and disbursed by the Commission as hereinafter provided.

1977, c. 345, § 65.1-146; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1201. Financing; tax.
A. For the purpose of providing funds for compensation benefits awarded against any uninsured or self-insured employer under any provision of this chapter, a tax not to exceed one-half of one percent shall be assessed, collected and paid into the state treasury by the same persons and in the same manner as set forth in Chapter 10 (§ 65.2-1000 et seq.) of this title.

B. This tax shall be in addition to the tax for the Workers' Compensation Commission Administrative Fund and the tax for the Second Injury Fund and shall be held by the Comptroller of the Commonwealth solely for the payment of awards against such fund.

C. At the end of any calendar year in which the Uninsured Employer's Fund has to its credit a sum in excess of the next year's budgeted expenditures, the tax shall be suspended for the ensuing calendar year.

1977, c. 345, § 65.1-147; 1983, c. 421; 1986, c. 177; 1990, c. 606; 1991, c. 355; 1997, c. 99; 1998, c. 388; 2009, c. 219.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1202. Defense of claims against fund by Attorney General.
Upon being notified by the Commission that a claim is pending before it against an employer who has not complied with the provisions of § 65.2-801, the Attorney General, or his designee, may, in his discretion, appear before the Commission and defend any claim against the Uninsured Employer's Fund. A decision on the part of the Attorney General not to appear shall be made only after consultation with the Commission. With the leave of the Commission, the Attorney General may enter an appearance in a claim at any stage of the proceedings if he determines that the position of the fund needs to be protected.

1977, c. 345, § 65.1-148; 1988, c. 545; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1203. Awards.
A. 1. Whenever, following due investigation of a claim for compensation benefits, the Commission determines that (i) the employer of record has failed to comply with the provisions of § 65.2-801 or that a self-insured employer or its surety as required by § 65.2-801 is unable to satisfy an award in whole or in part, and (ii) the claim is compensable, the Commission shall make a provisional award of compensation benefits, or any unpaid balance thereof, without further delay. Thereafter, the Commission shall make a final award concerning such benefits or unpaid balance thereof, in accordance with the provisions of this chapter and all applicable provisions of this title. The Commission shall order payment of any award of compensation benefits pursuant to this chapter from the Uninsured Employer's Fund.

2. After an award has been entered against an employer for compensation benefits under any provision of this chapter, and upon finding that the employer has failed to comply with the provisions of § 65.2-801, or that a self-insured employer or its surety as required by § 65.2-801 is unable to satisfy an award in whole or in part, the Commission shall order the award, or any unpaid balance, to be paid from the Uninsured Employer's Fund after demand has been made by a claimant upon his employer or other uninsured entity which is responsible to pay the award. Such demand may be waived by the Commission for good cause shown.

B. For the purposes of this chapter, an employer who is a former member of a group self-insurance association or group self-insurance pool whose license has been terminated by the State Corporation Commission and whose security deposit with the State Treasurer or surety coverage has been exhausted shall be deemed to be an uninsured employer not in compliance with § 65.2-801. For all such uninsured employers, the Attorney General, or his designee, shall enforce the right of subrogation and recoupment as provided in § 65.2-1204.

1977, c. 345, § 65.1-149; 1983, c. 460; 1988, c. 604; 1991, c. 355; 1993, c. 624; 1997, c. 131; 2009, cc. 285, 336.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1204. Subrogation and recoupment.
The Commission shall, upon payment of a claim from the Uninsured Employer's Fund, be subrogated to any right to recover damages which the injured employee or his personal representative or any other person may have against his employer or any other party for such injury or death.

The Commission shall, on behalf of the Uninsured Employer's Fund, refer any unsatisfied claim against an uninsured employer to the Attorney General for collection.

1977, c. 345, § 65.1-150; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1205. Notification of change in earnings; change in award.
The burden shall be upon the claimant to immediately notify the Commission in writing of any increase or decrease in his earnings. After ten days' notice to the claimant and the Attorney General, the Commission may, upon its own motion or upon the motion of any party in interest, modify or terminate an award as conditions may require.

1977, c. 345, § 65.1-151; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 12 (UNINSURED EMPLOYER'S FUND)
§ 65.2-1206. Payments procured by fraud, mistake or unreported change in condition; recovery.
Any payment to a claimant pursuant to this chapter which is later determined by the Commission to have been procured by fraud, mistake or an unreported change in condition, shall be recovered from the claimant and credited to the Uninsured Employer's Fund.

1977, c. 345, § 65.1-152; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 13 (PEER REVIEW OF MEDICAL COSTS [Repealed])
§ 65.2-1300. Repealed.
Repealed by Acts 2016, cc. 279 and 290, cl. 3, effective March 7, 2016.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 2 (Virginia Workers' Compensation Commission)
§ 65.2-200. Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office.
A. The Industrial Commission of Virginia is continued and shall hereafter be known as the Virginia Workers' Compensation Commission. All powers and duties conferred and imposed upon the Industrial Commission by any other law are hereby conferred upon and vested in the Virginia Workers' Compensation Commission.

B. The Commission shall consist of three members, one of whom shall be chosen by the joint vote of the two houses of the General Assembly convened in an even-numbered year, and who shall serve for terms of six years.

C. Whenever a vacancy in the Commission occurs or exists when the General Assembly is in session, the General Assembly shall elect a successor for the unexpired term. If the General Assembly is not in session, the Governor shall forthwith appoint pro tempore a qualified person to fill the vacancy for a term ending thirty days after the commencement of the next session of the General Assembly, and the General Assembly shall elect a successor for the unexpired term.

D. Not more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of his previous vocation, employment or affiliation shall be classed as a representative of employees. The Commission thus composed shall elect one of its number chairman for a term of three years commencing on July 1, 1979, and each succeeding three years thereafter. Each member of the Commission shall devote his entire time to the duties of his office and shall not hold any position of trust or profit or engage in any occupation or business interfering or inconsistent with his duties as such member.

Code 1950, § 65-9; 1954, c. 233; 1968, c. 660, § 65.1-10; 1971, Ex. Sess., c. 70; 1979, c. 459; 1991, c. 355; 2006, c. 838.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 2 (Virginia Workers' Compensation Commission)
§ 65.2-201. General duties and powers of the Commission.
A. It shall be the duty of the Commission to administer this title and adjudicate issues and controversies relating thereto. In all matters within the jurisdiction of the Commission, it shall have the power of a court of record to administer oath, to compel the attendance of witnesses and the production of documents, to punish for contempt, to appoint guardians pursuant to Part C (§ 64.2-1700 et seq.) of Subtitle IV of Title 64.2, and to enforce compliance with its lawful orders and awards. The Commission shall make rules and regulations for carrying out the provisions of this title.

B. The Commission may appoint deputies, bailiffs, and such other personnel as it may deem necessary for the purpose of carrying out the provisions of this title.

C. The Commission or any member thereof or any person deputized by it may for the purposes of this title subpoena witnesses, administer or cause to be administered oaths, and examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute arising in instances in which the Commission has power to award compensation. This authority shall extend to requests from like agencies of other states who honor similar requests from the Commission.

D. The Commission shall publish and, upon request, furnish free of charge, such blank forms and literature as it shall deem requisite to facilitate or promote the efficient administration of this title. The Commission shall publish a workers' compensation guide for employees which informs an injured employee of his rights under this title. If the Commission receives notice of an accident, it shall provide a workers' compensation guide to the employee.

E. A majority of the commissioners, including any deputy commissioner appointed or retired commissioner recalled pursuant to subsection D of § 65.2-705, shall constitute a quorum for the exercise of judicial, legislative, and discretionary functions of the Commission, whether there is a vacancy in the Commission or not, but a quorum shall not be necessary for the exercise of its administrative functions.

F. The Commission shall tabulate the accident reports received from employers in accordance with § 65.2-900 and shall publish the same in the annual report of the Commission and as often as it may deem advisable, in such detailed or aggregate form as it may deem best. The name of the employer or employee shall not appear in such publications, and the employers' reports shall be private records of the Commission and shall not be open for public inspection except for the inspection by the parties directly involved, and only to the extent of such interest. These reports shall not be used as evidence against any employer in any suit at law brought by any employee for the recovery of damages.

Code 1950, §§ 65-10, 65-14, 65-16, 65-19; 1952, c. 14; 1962, c. 339; 1968, c. 660, §§ 65.1-11, 65.1-18, 65.1-22; 1983, c. 102; 1991, c. 355; 2004, c. 178; 2012, c. 588; 2018, c. 250.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 2 (Virginia Workers' Compensation Commission)
§ 65.2-202. Subpoena powers of the Commission; production of records and papers.
A. The Commission or any member or deputy commissioner shall have authority to enforce the attendance of all parties in interest and of witnesses and the production and examination of books, papers and records and to punish for contempt or disobedience of its orders as is vested in courts and judges by § 18.2-456, or Chapter 21 (§ 19.2-339 et seq.) of Title 19.2. Such attendance, production, and examination shall be required by subpoena of the Commission upon timely request therefor by any party to a proceeding before it, unless the Commission finds that the issuance of such subpoena is for dilatory purposes, would cause substantial inconvenience to such witnesses, or is not likely to produce significant relevant evidence.

B. The county or city sheriff or town sergeant, and their respective deputies, shall serve subpoenas of the Commission or its deputies and shall receive the same fees as are now provided by law for like civil actions. Each witness who appears in obedience to such subpoena of the Commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts.

C. The clerk of any court of record shall, upon the application of any party in interest to a proceeding pending under this title, issue a subpoena for the attendance at such proceeding of any witness whose testimony is sought. The return of any subpoena so issued shall be made to the Commission, which shall enforce the attendance of any such witness at such proceeding.

Code 1950, §§ 65-17 through 65-18.1; 1952, c. 470; 1968, c. 660, §§ 65.1-19 through 65.1-21; 1970, c. 470; 1971, Ex. Sess., c. 7; 1981, c. 531; 1991, c. 355.

Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 2 (Virginia Workers' Compensation Commission)
§ 65.2-203. Powers and duties of deputy commissioners and bailiffs.
A. Deputy commissioners shall have the power to subpoena witnesses, administer oaths, take testimony and hear the parties at issue and their representatives and witnesses, decide the issues in a summary manner, and make an award carrying out the decision. Deputies may exercise other powers and perform any duties of the Commission delegated to them by the Commission.

B. The bailiffs of the Commission shall, in all matters within the jurisdiction of the Commission, have the powers, discharge the functions, and perform the duties of a sheriff under the law. They shall preserve order during the public sessions of the Commission; may make arrests and serve and make return on any writ or process awarded by the Commission; and shall execute any writ, order, or process of execution awarded upon the findings or judgments of the Commission in any matter within its jurisdiction. They shall exercise other powers and perform any duties as may be delegated to them.

Code 1950, §§ 65-10.1, 65-14; 1960, c. 287; 1962, c. 339; 1968, c. 660, §§ 65.1-12, 65.1-13; 1971, Ex. Sess., c. 155; 1991, c. 355.
Code of Virginia — Title 65.2 (Workers' Compensation), Chapter 2 (Virginia Workers' Compensation Commission)
§ 65.2-204. Administrative provisions: offices, meetings, travel, salary, and expenses.
A. The Commission shall be provided with adequate offices in the Capitol or in some other suitable building in the Commonwealth, in which the records shall be kept and its official business transacted during regular business hours. The Commission shall also be provided with necessary office furniture, stationery, and other supplies.

B. The Commission or any member thereof may hold sessions at any place within the Commonwealth as may be deemed necessary by the Commission.

C. All salaries and expenses of the Commission shall be audited and paid out of the state treasury in the manner prescribed for similar expenses in other departments or branches of state government.

Code 1950, §§ 65-12, 65-13, 65-15; 1968, c. 660, §§ 65.1-15 through 65.1-17; 1991, c. 355; 2013, c. 14.