reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-519. When limitations inapplicable to injuries arising out of pneumoconiosis

The limitations as to the maximum periods and maximum total amounts listed in §§ 65.2-500, 65.2-512, and 65.2-518 shall not apply to injuries arising out of pneumoconiosis.
1972, c. 615, § 65.1-71.1; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-520. Voluntary payment by employer

Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of this title were not due and payable when made, may, subject to the approval of the Commission, be deducted from the amount to be paid as compensation, provided that, in the case of disability, such deductions shall be made by reducing the amount of the weekly payment in an amount not to exceed one-fourth of the amount of the weekly payment for as long as is necessary for the employer to recover his voluntary payment. However, any payments made to an injured employee under the Longshore and Harbor Workers' Compensation Act of 1927, as amended, 33 U.S.C. § 901 et seq., may be deducted in full from the amount to be paid as compensation for the same injury under this title.
Code 1950, § 65-69; 1968, c. 660, § 65.1-72; 1991, c. 355; 1998, c. 68; 2007, c. 356.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-521. Time of payment

The Commission, upon application of either party, may, in its discretion, having regard to the welfare of the employee and the convenience of the employer, authorize compensation to be paid bi-weekly, monthly, or quarterly instead of weekly.
Code 1950, § 65-70; 1968, c. 660, § 65.1-73; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-522. Lump sum payments, generally

When the parties agree and the Commission deems it to be to the best interests of the employee or his dependents, or when it will prevent undue hardships on the employer, or his insurance carrier, without prejudicing the interests of the employee or his dependents, liability for compensation may be redeemed, in whole or in part, through payment by the employer of a lump sum which shall be fixed by the Commission, but in no case shall the sum awarded be less than a sum equal to the present value of future compensation payments commuted, computed at four percent true discount compounded annually.
Code 1950, § 65-71; 1968, c. 660, § 65.1-74; 1972, c. 619; 1973, c. 401; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-523. Lump sum payments to trustees

Whenever the Commission deems it expedient, any lump sum subject to the provisions of § 65.2-522 shall be paid by the employer to some suitable person or corporation appointed by the circuit court in the county or city wherein the accident occurred, or by such other circuit court as may be designated by the Commission as more compatible with the interests and convenience of the beneficiaries, as trustee or guardian, to administer the same for the benefit of the person entitled hereto in the manner provided by the Commission. The receipt of such trustee for the amount as paid shall discharge the employer or anyone else who is liable therefor.
Code 1950, § 65-72; 1968, c. 660, § 65.1-75; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-524. Failure to pay compensation within two weeks after it becomes due

If any payment is not paid within two weeks after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 percent thereof, unless the Commission finds that any required payment has been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as a part of the next regular payroll after the payment becomes due. No such penalty shall be added, however, to any payment made within two weeks after the expiration of (a) the period in which Commission review may be requested pursuant to § 65.2-705 or (b) the period in which a notice of appeal may be filed pursuant to § 65.2-706. No penalty shall be assessed against the Commonwealth when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. As used in this section, a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions.
1970, c. 470, § 65.1-75.1; 1991, c. 355; 1994, c. 248; 1997, c. 383; 1999, c. 782; 2012, c. 270.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-525. Who may receive payment and receipt therefor

A. Whenever payment of compensation is made to a surviving spouse or parent for his use, or for his use and the use of a minor child, or the use of a minor child and such payments are made in the form of periodic weekly, monthly or quarterly payments, the written receipt thereof of such surviving spouse or parent shall acquit the employer. The Commission, however, may require annual written certifications from the surviving spouse or parent confirming that the portion of such payments for the benefit of the minor child has been used for the benefit of such minor child.
B. Whenever payment is made to any person eighteen years of age or over, the written receipt of such person shall acquit the employer. If a minor shall be entitled to receive a lump sum payment amounting to not more than $15,000 as compensation for injuries, or as a distributive share by virtue of this title, the parent or natural guardian upon whom such minor shall be dependent for support shall be authorized and empowered to receive and give receipt for such moneys to the same extent as a guardian of the person and property of such minor duly appointed by proper court, and the release or discharge of such parent or natural guardian shall be a full and complete discharge of all claims or demands of such minor thereunder.
C. Whenever any lump sum payment greater than $15,000 is due to a minor or to an incapacitated person as defined in § 64.2-2000, the same shall be made to the guardian of the property of such minor or the conservator of such incapacitated adult or, if there is none, to some suitable person or corporation appointed by the circuit court as a trustee, and the receipt of such trustee shall acquit the employer.
Code 1950, § 65-73; 1968, c. 660, § 65.1-76; 1972, c. 825; 1973, c. 401; 1991, c. 355; 1997, c. 921; 1998, c. 94; 2002, c. 301.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-526. Payment to junior dependents in good faith

Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right shall have given him notice of his or their claim. In case the employer is in doubt as to the respective rights of rival claimants, he may apply to the Commission to decide between them.
Code 1950, § 65-74; 1968, c. 660, § 65.1-77; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-527. When employee's rights exercised by guardian or trustee

If an injured employee is incapacitated or is under eighteen years of age at the time when any right or privilege accrues to him under this title, his guardian, trustee or conservator may in his behalf claim and exercise such right or privilege.
Code 1950, § 65-75; 1968, c. 660, § 65.1-78; 1991, c. 355; 1997, c. 801.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-528. Time limitations on persons under disability

No limitation of time provided in this title for the giving of notice or making claim under this title shall run against any person who is incapacitated or under eighteen years of age, so long as he has no guardian, trustee, or conservator.
Code 1950, § 65-76; 1968, c. 660, § 65.1-79; 1991, c. 355; 1997, c. 801.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-529. Joint service

Whenever any employee for whose injury or death compensation is payable under this title shall at the time of the injury be in the joint service of two or more employers subject to this title, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee. However, nothing in this section shall prevent any reasonable arrangement between such employers for a different distribution as between themselves of the ultimate burden of compensation.
Code 1950, § 65-77; 1968, c. 660, § 65.1-80; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-530. Preferences and priorities

All rights of compensation granted by this title shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor.
Code 1950, § 65-78; 1968, c. 660, § 65.1-81; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 5 - Compensation and Payment Thereof › § 65.2-531. Assignments of compensation; exemption from creditors' claims

A. No claim for compensation under this title shall be assignable. All compensation and claims therefor shall be exempt from all claims of creditors, even if the compensation is used for purchase of shares in a credit union, or deposited into an account with a financial institution or other organization accepting deposits and is thereby commingled with other funds. However, benefits paid in compensation or in compromise of a claim for compensation under this title shall be subject to claims for spousal and child support subject to the same exemptions allowed for earnings in § 34-29.
B. Upon an order of garnishment, attachment or other levy addressed to a financial institution in which the principal defendant claims to have exempt funds hereunder, the principal defendant may file an answer asserting the exemption hereunder. From the time of service of such garnishment, attachment or levy, the financial institution, until further order of the court, shall hold the amount subject to such garnishment, attachment or levy, or such lesser amount or sum as it may have, which amount shall be set forth in its answer. It shall hold such amount free of any person drawing against such funds whether by check against such account or otherwise. The financial institution shall be subject to such further order or subpoena for discovery of its records, for which it shall be entitled an order or agreement for compensation for the expense of such service, and in a case deemed appropriate to the court by such an order directing deposit of funds or further security prior to such records being ordered produced.
Code 1950, § 65-79; 1968, c. 660, § 65.1-82; 1987, c. 331; 1990, c. 747; 1991, c. 355; 1997, cc. 796, 895.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-600. Notice of accident

A. Every injured employee or his representative shall immediately on the occurrence of an accident or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident. If notice of accident is not given to any statutory employer, such statutory employer may be held responsible for initial and additional awards of compensation rendered by the Commission if (i) he shall have had at least sixty days' notice of the hearing to ascertain compensability of the accident, and (ii) the statutory employer was not prejudiced by lack of notice of the accident.
B. The notice shall state the name and address of the employee, the time and place of the accident, and the nature and cause of the accident and the injury.
C. The employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent or representative had knowledge of the accident or that the party required to give notice had been prevented from giving notice by reason of physical or mental incapacity or the fraud or deceit of some third person.
D. No compensation or medical benefit shall be payable unless such written notice is given within thirty days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby.
E. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby and then only to such extent as the prejudice.
Code 1950, §§ 65-82, 65-83; 1968, c. 660, §§ 65.1-85, 65.1-86; 1991, c. 355; 1997, c. 288.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-601. Time for filing claim

The right to compensation under this title shall be forever barred, unless a claim be filed with the Commission within two years after the accident. Death benefits payable under this title shall be payable only if: (i) death results from the accident, (ii) a claim for benefits under this title has been filed within two years after the accident, and (iii) the claim for such death benefits is filed within two years from the date of death.
Code 1950, § 65-84; 1968, c. 660, § 65.1-87; 1975, c. 471; 1984, c. 231; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-601.1. Effect of filing claim; stay of debt collection activities by health care providers

A. Whenever an employee makes a claim pursuant to § 65.2-601, all health care providers, as defined in § 8.01-581.1, shall refrain from all debt collection activities relating to medical treatment received by the employee in connection with such claim until an award is made on the employee's claim pursuant to § 65.2-704. The statute of limitations for collection of such debt shall be tolled during the period in which the applicable health care provider is required to refrain from debt collection activities hereunder.
B. For the purpose of this section, "debt collection activities" means repeatedly calling or writing to the employee and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of other process. The term shall not include routine billing or inquiries about the status of the claim.
1994, c. 462.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-601.2. Notice to employee of employer's intent

A. Whenever an employee makes a claim pursuant to § 65.2-601, the Commission shall order the employer to advise the employee, within 30 days following the date of such order, whether the employer (i) intends to accept the claim, (ii) intends to deny the claim, or (iii) is unable to determine whether it intends to accept or deny the claim because the employer lacks sufficient information from the employee or a third party to make such determination. If the employer responds that it intends to deny the claim, the response shall provide reasons therefor. If the employer responds that it is unable to determine whether it intends to accept or deny the claim because it lacks sufficient information from the employee or a third party to make such determination, the response shall identify the additional information that the employer needs from the employee or a third party in order to make such determination.
B. The employer's response to the order shall be considered a required report for the purposes of § 65.2-902.
C. The employer's response to the order shall not be considered part of the hearing record.
D. An employer may, if the employee consents, send any response required by this section to the employee by email.
2020, c. 1086.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-602. Tolling of statute of limitations

In any case where an employer has received notice of an accident resulting in compensable injury to an employee as required by § 65.2-600 and, whether or not an award has been entered, the employer has paid compensation or wages to such employee during incapacity for work, as defined in § 65.2-500 or 65.2-502, resulting from such injury or the employer has failed to file the report of said accident with the Virginia Workers' Compensation Commission as required by § 65.2-900, or otherwise has under a workers' compensation plan or insurance policy furnished or caused to be furnished medical service to such employee as required by § 65.2-603, the statute of limitations applicable to the filing of a claim shall be tolled until the last day for which such payment of compensation or wages or furnishment of medical services as described above is provided and that occurs more than six months after the date of accident. However, no such payment of wages or workers' compensation benefits or furnishment of medical service as described above occurring after the expiration of the statute of limitations shall apply to this provision. In the case where the employer has failed to file a first report, the statute of limitations shall be tolled during the duration thereof until the employer filed the first report of accident as required by § 65.2-900. In the event that more than one of the above tolling provisions applies, whichever of those causes the longer period of tolling shall apply.
1984, c. 608, § 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355; 2019, c. 470.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-603.1. Use of therapeutically equivalent drug products required

A. As used in this section, "therapeutically equivalent drug products" means drug products that (i) contain the same active ingredients, (ii) are identical in strength or concentration, dosage form, and route of administration, and (iii) are classified as being therapeutically equivalent by the U.S. Food and Drug Administration pursuant to the definition of "therapeutically equivalent drug products" set forth in the most recent edition of Approved Drug Products with Therapeutic Equivalence Evaluations, known as the Orange Book.
B. Notwithstanding the provisions of § 54.1-3408.03, and except as provided in subsection C, any pharmacist filling a prescription for medication for a workers' compensation claimant shall dispense a therapeutically equivalent drug product for the prescribed name-brand drug product. If a therapeutically equivalent drug product does not exist or the usual and customary retail price charged by the pharmacist for the therapeutically equivalent drug product is higher than that of the prescribed name-brand drug product, the pharmacist shall dispense the prescribed name-brand drug product.
C. A prescriber may specify on the prescription "brand medically necessary" if there is a medical reason why the claimant should not have the prescription filled with a therapeutically equivalent drug product. A request by the claimant that a name-brand drug product be prescribed shall not constitute a sufficient reason under this section for the prescriber to specify "brand medically necessary" on the prescription. If the prescriber specifies on the prescription "brand medically necessary," the pharmacist shall fill the prescription with the name-brand drug product prescribed. If the prescriber calls the prescription in to the pharmacy by telephone and verbally tells the pharmacist "brand medically necessary," the pharmacist shall note on the prescription that the prescriber stated "brand medically necessary" and then fill the prescription with the name-brand drug product prescribed. The cost of any medication prescribed by any authorized treating physician and covered pursuant to this section to treat injuries or diseases that result from a compensable claim shall not be the responsibility of the claimant unless the claimant obtained the prescription through fraud.
D. An act in compliance with the provisions of this section shall not be deemed to be a prohibited act under § 54.1-3457.
2009, cc. 333, 559.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-604. Furnishing copy of medical report

A. Any health care provider attending an injured employee shall, upon request of the injured employee, employer, insurer, or a certified rehabilitation provider as provided in Article 2 (§ 54.1-3510 et seq.) of Chapter 35 of Title 54.1 providing services to the injured employee, or of any representative thereof, furnish a copy of any medical report to the injured employee, employer, insurer, or a certified rehabilitation provider as provided in Article 2 (§ 54.1-3510 et seq.) of Chapter 35 of Title 54.1 providing services to the injured employee, or to any representative thereof, or to each of them upon request for such medical report.
B. Whenever any health care provider attending an injured employee refers the employee or transfers responsibility for his care to another health care provider, the referring or transferring provider, upon receipt of a request therefor, shall promptly transfer or cause to be transferred to the new or succeeding provider, or to the employee or someone acting on behalf of the employee, copies of all diagnostic test results, x-ray photographs, and other medical records pertaining to the employee's injury for which further treatment is to be sought from the succeeding provider.
In the event of such referral or transfer, the succeeding provider, if given any such diagnostic test results, x-ray photographs and other medical records pertaining to the employee's injury which were performed or recorded within the preceding 60 days by a referring or transferring provider, shall not repeat any such diagnostic tests or procedures previously conducted without making a good faith attempt to use them unless there is a medical necessity to do so as certified by a qualified physician on behalf of the succeeding provider. If the succeeding health care provider violates the requirements of this paragraph, such succeeding provider shall not be entitled to compensation or reimbursement from the injured employee's employer or the employer's insurer for any repeated test or procedure not so certified to be medically necessary, nor may the succeeding provider require the employee to bear any cost associated with the repeated test or procedure which would have been the responsibility of the employer or his insurer but for the provisions of this subsection.
C. As used in this section, the term "health care provider" shall have the same meaning as set forth in § 8.01-581.1, except that state-operated facilities shall also be considered health care providers for the purposes of this section.
1970, c. 470, § 65.1-88.1; 1982, c. 128; 1991, c. 355; 1994, c. 685; 1998, c. 431; 1999, c. 314; 2000, c. 542.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-605.2. Biennial peer-reviewed studies

A. The Commission shall have a peer-reviewed study conducted every two years commencing in 2016 by a reputable independent, not-for-profit research organization to determine how Virginia's workers' compensation system and workers' compensation medical costs compare with (i) those of other states' systems and (ii) previous workers' compensation medical benchmarks studies conducted in Virginia. Such studies shall also review the status of access to medical services under Virginia's workers' compensation system.
B. The Commission shall pay for the studies conducted pursuant to subsection A through revenues generated pursuant to the administrative tax assessed pursuant to Chapter 10 (§ 65.2-1000 et seq.) and deposited in the fund established pursuant to § 65.2-1007.
2016, cc. 279, 290.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-606. Physicians for medical examination

The Commission or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination and to testify in respect thereto; however, the provisions of this section shall not apply to determination of whether an employee died of pneumoconiosis or any chronic occupational lung disease, which shall be governed by the provisions of § 65.2-513 and the regulations promulgated thereunder. Such physician or surgeon shall be allowed travelling expenses and a reasonable fee to be fixed by the Commission.
The fees and expenses of such physician or surgeon shall be paid by the Commonwealth.
Code 1950, § 65-87; 1966, c. 417; 1968, c. 660, § 65.1-90; 1972, c. 619; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination › § 65.2-607. Medical examination; physician-patient privilege inapplicable; autopsy

A. After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the Commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the Commission. However, no employer may obtain more than one examination per medical specialty without prior authorization from the Commission, based upon a showing of good cause or necessity. The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to, or otherwise learned by, any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be privileged, either in hearings provided for by this title, or any action at law brought to recover damages against any employer subject to the provisions of this title.
B. If the employee refuses to submit himself to or in any way obstructs such examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this title shall be suspended until such refusal or objection ceases and no compensation shall at any time be payable for the period of suspension unless in the opinion of the Commission the circumstances justify the refusal or obstruction.
C. The employer or the Commission may in any case of death require an autopsy at the expense of the party requesting the same. Such autopsy shall be performed upon order of the Commission, and anyone obstructing or interfering with such autopsy shall be punished for contempt.
Code 1950, § 65-88; 1968, c. 660, § 65.1-91; 1991, c. 355; 1993, c. 379.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-700. Jurisdiction of Commission

All questions arising under this title, if not settled by agreements of the parties interested therein with the approval of the Commission, shall be determined by the Commission, except as otherwise herein provided.
Code 1950, § 65-89; 1968, c. 660, § 65.1-92; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-701. Agreement as to compensation; penalty

A. If after injury or death, the employer and the injured employee or his dependents reach an agreement in regard to compensation or in compromise of a claim for compensation under this title, a memorandum of the agreement in the form prescribed by the Commission shall be filed with the Commission for approval. The agreement may be prepared by the employee, the employer or the compensation carrier. If approved, the agreement shall be binding, and an award of compensation entered upon such agreement shall be for all purposes enforceable as provided by § 65.2-710. If not approved, the same agreement shall be void. Such agreement may be approved only when the Commission, or any member thereof, is clearly of the opinion that the best interests of the employee or his dependents will be served thereby. The approval of such agreement shall bind infant or incapacitated dependents affected thereby. Any agreement entered into during the pendency of an appeal to the Court of Appeals shall be effective only with the approval of the Commission as herein provided.
B. An employer or insurance carrier which fails to file a memorandum of such agreement with the Commission within fourteen calendar days of the date of its complete written execution as indicated thereon may be subject to a fine not to exceed $1,000 and to any other appropriate sanctions of the Commission.
C. Nothing herein contained shall be construed so as to prevent settlements made by and between the employee and employer, but rather to encourage them, so long as the amount of compensation and the time and manner of payment are approved by the Commission. A copy of such settlement agreement shall be filed with the Commission by the employer.
Code 1950, §§ 65-41, 65-90; 1954, c. 518; 1960, c. 299; 1968, c. 660, §§ 65.1-45, 65.1-93; 1971, Ex. Sess., c. 156; 1984, c. 703; 1989, c. 438; 1991, cc. 97, 355; 1997, c. 801.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-702. Disagreement on compensation; venue

A. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title, or if they have reached such an agreement which has been signed and filed with the Commission and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission for a hearing in regard to the matters at issue and for a ruling thereon.
B. Immediately after such application has been received the Commission shall set the date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the city or county where the injury occurred, or in a contiguous city or county, unless otherwise designated by the Commission.
Code 1950, § 65-91; 1968, c. 660, § 65.1-94; 1974, c. 315; 1991, c. 355; 1993, c. 693.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-703. Interrogatories and depositions

A. Any party to a proceeding under this title may serve interrogatories or cause the depositions of witnesses residing within or without the Commonwealth to be taken, the costs to be taxed as other costs by the Commission. All interrogatories, depositions, or any other discovery shall conform to rules governing discovery promulgated by the Commission.
B. The Commission shall adopt rules governing discovery conforming as nearly as practicable to Part Four of the Rules of the Virginia Supreme Court. Such rules shall be adopted in accordance with and pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
Code 1950, § 65-91.1; 1968, c. 660, § 65.1-95; 1970, c. 470; 1991, c. 355; 1993, c. 694.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-704. Hearing; award or opinion by Commission

A. The Commission or any of its members or deputies shall hear the parties at issue, their representatives, and witnesses; shall decide the issues in a summary manner; and shall make an award or opinion carrying out the decision.
B. Any member of the Commission who hears the parties at issue and makes an award under the provisions of subsection A shall not participate in a rehearing and review of such award provided under § 65.2-705.
C. Hearings convened by the Commission shall be public proceedings and, upon proper request to the Commission, may, in the discretion of the Commission, be video recorded for public broadcast at the expense of the requesting party, subject only to the same limitations and conditions as apply to court proceedings in the Commonwealth.
Code 1950, § 65-92; 1954, c. 370; 1962, c. 340; 1968, c. 660, § 65.1-96; 1980, c. 600; 1989, c. 318; 1991, c. 355; 1997, c. 225; 2003, cc. 664, 671; 2010, cc. 160, 564; 2012, c. 588.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-705. Review of award; rehearing

A. If an application for review is made to the Commission within 30 days after issuance of an award, the full Commission, except as provided in subsection B of § 65.2-704 and if the first hearing was not held before the full Commission, shall review the evidence or, if deemed advisable, as soon as practicable, hear the parties at issue, their representatives, and witnesses. The Commission shall make an award which, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings.
B. A rehearing convened under this section shall be a public proceeding and, upon proper request, may, in the discretion of the Commission, be video recorded for public broadcast at the expense of the requesting party, subject only to the same limitations and conditions as apply to court proceedings in the Commonwealth.
C. Upon an application for review made pursuant to subsection A, the opposing party at issue shall have 14 days thereafter to make an independent application for review.
D. When a vacancy on the Commission exists, or when one or more members of the Commission are absent or are prohibited from sitting with the full Commission to hear a review, the Chairman may appoint one or more deputy commissioners or recall one or more retired members of the Commission to participate in the review. The retired member or members recalled shall be the member or members who occupied the seat for which such member or members are being recalled, unless the parties otherwise consent. If retired members of the Commission are recalled as provided in this subsection, they shall be compensated as provided in § 17.1-327.
Code 1950, § 65-93; 1954, c. 450; 1956, c. 79; 1968, c. 660, § 65.1-97; 1980, cc. 600, 606; 1989, c. 318; 1991, c. 355; 1994, c. 289; 1998, c. 95; 2003, cc. 664, 671; 2010, cc. 160, 564; 2012, c. 588; 2014, c. 205.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-706. Conclusiveness of award; appeal

A. The award of the Commission, as provided in § 65.2-704, if not reviewed in due time, or an award of the Commission upon such review, as provided in § 65.2-705, shall be conclusive and binding as to all questions of fact. No appeal shall be taken from the decision of one Commissioner until a review of the case has been had before the full Commission, as provided in § 65.2-705, and an award entered by it. Appeals shall lie from such award to the Court of Appeals in the manner provided in the Rules of the Supreme Court.
B. The notice of appeal shall be filed with the clerk of the Commission within 30 days from the date of such award. A copy of the notice of appeal shall be filed in the office of the clerk of the Court of Appeals as provided in the Rules of Court.
C. Cases so appealed shall be placed upon the privileged docket of the Court of Appeals and be heard at the next ensuing term thereof. In case of an appeal from the decision of the Commission to the Court of Appeals, or from the decision of the Court of Appeals to the Supreme Court, the appeal shall operate as a suspension of the award and no employer shall be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined in accordance with the provisions of this title.
Code 1950, § 65-94; 1968, c. 660, § 65.1-98; 1971, Ex. Sess., c. 156; 1972, c. 696; 1977, c. 624; 1984, cc. 659, 703; 1991, c. 355; 1999, c. 938; 2003, cc. 664, 671; 2010, cc. 160, 564.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-706.1. Estoppel effect of a Virginia Workers' Compensation Commission determination of employment status

A final, unappealed award by the Virginia Workers' Compensation Commission that a person is or is not an employee of another for the purpose of obtaining jurisdiction shall estop either of said parties from asserting otherwise in any subsequent action between such parties upon the same claim or cause of action in a court of this Commonwealth.
1997, c. 333.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-706.2. Claims not barred

No order issued by the Commission awarding or denying benefits shall bar by res judicata any claim by an employee or cause a waiver, abandonment, or dismissal of any claim by an employee if the order does not expressly adjudicate such claim.
2021, Sp. Sess. I, c. 515.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-707. Interest on appealed award

An award entered by the Commission shall take effect on the date of entry. To the extent that any payment due under an award is delayed beyond its due date by reason of an appeal to the full Commission or an appellate court, payments so delayed shall bear interest at the judgment rate as provided in § 6.2-302.
1982, c. 410, § 65.1-98.1; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-708. Review of award on change in condition

A. Upon its own motion or upon the application of any party in interest, on the ground of a change in condition, the Commission may review any award of compensation and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this title, and shall immediately send to the parties a copy of the award. No application filed by a party alleging a change in condition shall be docketed for hearing by the Commission unless any medical reports upon which the party is relying are submitted to the Commission. No such review shall affect such award as regards any moneys paid except pursuant to §§ 65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after 24 months from the last day for which compensation was paid, pursuant to an award under this title, except: (i) 36 months from the last day for which compensation was paid shall be allowed for the filing of claims payable under § 65.2-503 and certain claims under subsection B of § 65.2-406 or (ii) 24 months from the day that the claimant undergoes any surgical procedure compensable under § 65.2-603 to repair or replace a prosthesis or orthosis.
B. In those cases where no compensation has been paid, the Commission may make an award under § 65.2-503 within 36 months from the date of the accident.
C. All wages paid, for a period not exceeding 24 consecutive months, to an employee (i) who is physically unable to return to his pre-injury work due to a compensable injury and (ii) who is provided work within his capacity at a wage equal to or greater than his pre-injury wage shall be considered compensation paid pursuant to an award for compensation but shall not result in a reduction of the maximum number of weeks of compensation benefits as described in §§ 65.2-500 and 65.2-518.
Code 1950, § 65-95; 1964, c. 209; 1968, c. 660, § 65.1-99; 1972, c. 229; 1975, c. 365; 1977, cc. 345, 380; 1985, c. 453; 1988, c. 518; 1989, cc. 313, 324, 552, § 65.1-55.1; 1991, c. 355; 2013, c. 445.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-709. Cost of living supplements for total incapacity and dependents of deceased

A. Cost of living supplements shall be payable under this section if:
1. The combined disability benefit entitlement of a claimant or his dependents under this title and the federal Old-Age, Survivors, and Disability Insurance program is less than 80 percent of the average monthly earnings of the claimant before disability or death; or
2. The claimant or his dependents are receiving disability payments under this title but not benefits under the federal Old-Age, Survivors, and Disability Insurance program.
Such cost of living supplements shall be payable, in addition to the other benefits payable under this title, in accordance with the provisions of this section to those recipients of awards resulting from occupational disease, accident, or death occurring on or after July 1, 1975, under § 65.2-500, subsection C of § 65.2-503, subdivision A 4 of § 65.2-504, and §§ 65.2-512 and 65.2-513. For purposes of determining the monthly amount of combined disability entitlement received by a claimant pursuant to subdivision A 1, the claimant may deduct any monthly amounts paid for Medicare.
B. The Commission may require the claimant to present evidence of filing for federal Old-Age, Survivors, and Disability Insurance benefits in order to establish eligibility under subdivision A 1 and also may require the claimant to furnish the employer with the decision on his claim for such federal benefits.
C. The amounts of supplementary payments provided for herein shall be determined by using a compounding method of computation annually. The percentage of change shall be determined by reference to the increase, if any, in the United States Average Consumer Price Index for all items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, from its monthly average, from one calendar year to another.
D. Amounts of supplementary payments shall be based on the percentage increase, if any, in the Average Consumer Price Index for all items adjusted annually. Any change in the cost of living supplement determined as of any determination date shall become effective as of October 1 next following such determination date and, as the case may be, shall be added to or subtracted from any cost of living supplements previously payable; however, compensation paid the claimant under this section shall at no time exceed the then current maximum weekly amount payable under § 65.2-500.
1975, c. 472, § 65.1-99.1; 1981, c. 265; 1986, c. 548; 1991, c. 355; 1997, c. 296; 2022, c. 182.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-710. Enforcement, etc., of orders and awards

Orders or awards of the Commission may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such order or award by the Commission. The Commission shall certify such order or award upon satisfactory evidence of noncompliance with the same.
1976, c. 149, § 65.1-100.1; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-711. Reporting of address change by employee; suspension of payment of benefits

So long as an employee is entitled to payment of compensation under this title, such employee shall have a duty to disclose to the Commission his current residential address and to report any changes of address as they may occur. The failure to disclose or report such address or changes of address without reasonable justification may result in the suspension of compensation payments until the employee complies with this duty. When the Commission is properly notified of the change in the employee's address, the Commission shall notify the employer when the employer is self-insured, or the employer's insurer in all other cases.
1983, c. 416, § 65.1-100.2; 1991, c. 355; 1996, c. 178.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-712. Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition

So long as an employee or statutory dependent pursuant to § 65.2-515 receives payment of compensation under this title, any such person shall have a duty immediately to disclose to the employer, when the employer is self-insured, or insurer in all other cases, any incarceration, return to employment, increase in his earnings, remarriage or change in his status as a full-time student. Any payment to a claimant by an employer or insurer which is later determined by the Commission to have been procured by the employee or statutory dependent under § 65.2-515 by fraud, misrepresentation, or failure to report any incarceration, return to employment, increase in earnings, remarriage or change in his status as a full-time student may be recovered from the claimant or statutory dependent by the employer or insurer either by way of credit against future compensation payments due the claimant or statutory dependent, or by action at law against the claimant or statutory dependent. The Commission shall provide for notification to the statutory dependent of his obligation under this section.
1985, c. 453, § 65.1-100.3; 1991, c. 355; 1992, c. 466; 1996, c. 570.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-713. Costs

A. If the Commission or any court before whom any proceedings are brought or defended by the employer or insurer under this title shall determine that such proceedings have been brought, prosecuted, or defended without reasonable grounds, it may assess against the employer or insurer who has so brought, prosecuted, or defended them the whole cost of the proceedings, including a reasonable attorney's fee, to be fixed by the Commission.
B. Where the Commission finds that an employer or insurer has delayed payment without reasonable grounds, it may assess against the employer or insurer the whole cost of the proceedings, including a reasonable attorney's fee to be fixed by the Commission. In such a case where an attorney's fee is awarded against the employer or insurer, the Commission shall calculate and add to any award made to the claimant interest at the judgment rate, as set forth in § 6.2-302, on the benefits accrued from the date the Commission determined the award should have been paid through the date of the award.
C. Where the Commission finds that an employer or insurer has filed an application for a hearing in bad faith, it shall assess against the employer or an insurer an amount up to ten percent of the total amount of the benefits accrued from the date the Commission determined the award should have been paid through the date of the award. This payment shall be in addition to any costs, fees, or awards as set forth in subsection B.
Code 1950, § 65-97; 1958, c. 509; 1968, c. 660, § 65.1-101; 1989, c. 496; 1991, c. 355; 1997, c. 158.