reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 7 - Procedure in Connection with Awards › § 65.2-715. Providing written information

Whenever, in the course of proceedings in connection with awards, the Workers' Compensation Commission issues any written notice, opinion, order or award regarding a specific case, the Commission shall provide copies to the employee, the employer and the compensation carrier, and, if represented, their counsel, at the same time. The requirements of this section may be satisfied via electronic communications in the manner prescribed by the Commission.
1998, c. 143; 2010, cc. 159, 274.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-800. Duty to insure payment of compensation; effect of insurance

A. Every employer subject to the compensation provisions of this title shall insure the payment of compensation to his employees in the manner hereinafter provided. While such insurance remains in force he or those conducting his business shall only be liable to an employee for personal injury or death by accident to the extent and in the manner herein specified.
B. To ensure that all employers who are required to have workers' compensation insurance under this title have notice of such requirement, the appropriate official of a county, city, or town who licenses employers to conduct business under Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 or the State Corporation Commission who charters employers to conduct business under § 12.1-12 shall provide employers requesting such licenses or charters on and after January 1, 1989, with information concerning statutory requirements for such insurance coverage. The Workers' Compensation Commission shall prepare such information and distribute it to such licensing or chartering officials. The failure of the local official or the State Corporation Commission to give such notice to an employer shall not relieve the employer of the duty of acquiring insurance as required by this title.
C. As used in this section, the words "those conducting his business" shall include any person whose act results in an injury or death compensable under this title and arises out of and in the course of employment by an employer who is or may be liable for the payment of compensation. A person other than an employer or statutory employer, or a person employed by either, whose acts result in such injury or death shall be deemed an "other party" within the meaning of § 65.2-309.
Code 1950, § 65-99; 1968, c. 660, § 65.1-103; 1977, c. 113; 1988, c. 543; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-803. Administrator and service company affiliation prohibited; exception

A. No person, firm or corporation, which is engaged as an administrator for a group self-insurance association, shall be an employee, officer or director of, or have a direct or indirect financial interest in any person, firm or corporation which is engaged in the business of providing services for a group self-insurance association as a service company.
B. No person, firm or corporation, which is engaged in the business of providing services for a group self-insurance association as a service company, shall be an employee, officer or director of, or have a direct or indirect financial interest in, any person, firm or corporation which is engaged as an administrator for a group self-insurance association.
C. For purposes of this section, the term "firm" or "corporation" shall include any officer, director, or employee of any such firm or corporation.
D. This section shall not be construed to affect any contract, or extensions or renewals thereof, for services as an administrator or service company entered into by a group self-insurance association and effective prior to January 1, 1989.
1989, c. 662, § 65.1-104.3; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-805. Civil penalty for violation of §§ 65.2-800, 65.2-803.1, and 65.2-804

A. If such employer fails to comply with the provisions of § 65.2-800 or 65.2-804, he shall be assessed a civil penalty of not more than $250 per day for each day of noncompliance, subject to a maximum penalty of $50,000. Such employer also shall be liable during continuance of such failure to any employee either for compensation under this title or at law in a suit instituted by the employee against such employer to recover damages for personal injury or death by accident, and in any such suit such employer shall not be permitted to defend upon any of the following grounds:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee; or
3. That the employee had assumed the risk of the injury.
B. Any person who fails to comply with the provisions of § 65.2-803.1 shall be assessed a civil penalty of not less than $500 nor more than $5,000 for each instance of noncompliance, in addition to any other penalties applicable under this title.
C. The civil penalties herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases. Upon a finding by the Commission of such failure to comply, and after 15 days' written notice thereof sent by certified mail to the employer, if such failure continues, the Commission may order the employer to cease and desist all business transactions and operations until found by the Commission to be in compliance with the provisions of this chapter.
D. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).
Code 1950, § 65-102; 1968, c. 660, § 65.1-106; 1970, c. 470; 1974, c. 314; 1980, c. 443; 1991, c. 355; 1993, c. 378; 2005, c. 69; 2014, c. 204.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-806. Criminal penalties

In addition to the civil penalties assessed pursuant to § 65.2-805, any employer who knowingly and intentionally fails to comply with the provisions of § 65.2-800 or 65.2-804 is guilty of a Class 2 misdemeanor.
Venue for the prosecution hereof when there is an injury shall lie in the county or city wherein the injury occurred.
1977, c. 434, § 65.1-106.1; 1991, c. 355; 2005, c. 69.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-807. Cost of insurance may not be deducted from wages

It shall not be lawful for any employer to deduct from the wages of any of his employees any part of the cost of insurance as provided for in § 65.2-801 to insure liability, or to require or permit any of his employees to contribute in any manner toward such cost of insurance. For any violation of the provisions of this section, an employer shall be subject to a fine not exceeding $100 for each offense and shall refund to the individual employee the amount or amounts deducted or contributed. The fine herein provided may be assessed and the refund ordered by the Workers' Compensation Commission in an open hearing with the right of review and appeal as in other cases.
Code 1950, § 65-103; 1968, c. 660, § 65.1-107; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-808. Self-insurance certificate

Whenever an employer has complied with the provisions of § 65.2-801 relating to self-insurance, the Workers' Compensation Commission shall issue to such employer a certificate which shall remain in force for a period fixed by the Commission. But the Commission may upon at least thirty days' notice and hearing to the employer revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the Commission may grant a new certificate to the employer upon his petition.
Code 1950, § 65-104; 1968, c. 660, § 65.1-108; 1979, c. 463; 1987, c. 343; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-809. Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer

All policies insuring the payment of compensation under this title must contain clauses to the effect (i) that as between the employer and the insurer notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge on the part of the insurer, (ii) that jurisdiction of the insured for the purposes of this title shall be jurisdiction of the insurer, and (iii) that the insurer shall in all things be bound by and subject to the awards, judgments or decrees rendered against such insured employer.
Code 1950, § 65-105; 1968, c. 660, § 65.1-109; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-810. How formal notice may be given

Whenever by this title or the terms of any policy contract notice is required to be given by an employer to any insurance carrier, the same may be given by delivery or by mailing by registered letter properly addressed and stamped to the principal office or chief agent of such insurance carrier within this Commonwealth or to its home office, or to the secretary, general agent or chief officer thereof in the United States.
Code 1950, § 65-106; 1968, c. 660, § 65.1-110; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-811. Liability of insurer

No policy of insurance against liability arising under this title shall be issued unless it contains the agreement of the insurer that it will promptly pay the person entitled to the same all benefits conferred by this title and all installments of the compensation that may be awarded or agreed upon and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation, enforceable in his name.
Code 1950, § 65-107; 1968, c. 660, § 65.1-111; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-812. Subrogation of insurance carrier to employer's rights; compromise

When any employer is insured against liability for compensation with an insurance carrier, and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; however, nothing herein shall be construed as conferring upon the insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding. No compromise settlement shall be made by the insurance carrier in the exercise of such right of subrogation without the approval of the Workers' Compensation Commission and the injured employee or the personal representative or dependents of the deceased employee being first obtained.
Code 1950, § 65-108; 1968, c. 660, § 65.1-112; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-813. Insurance deemed subject to title; approval of forms

Every policy for the insurance of the compensation herein provided or against liability therefor shall be deemed to be made subject to the provisions of this title. No corporation, association or organization shall enter into any such policy of insurance unless its form shall have been approved by the Workers' Compensation Commission.
Code 1950, § 65-109; 1968, c. 660, § 65.1-113; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-813.1. Insurers offering policies with deductibles

Every insurer against liability arising under this title offering and making available policies in which the insured pays a deductible, without regard to amount and including such policies with deductibles of $1,000 or less, shall provide in such policies that (i) the insurer shall pay all of the deductible amount applicable to a compensable claim under this title to the person or provider entitled thereto, (ii) the insurer shall then obtain reimbursement from the policyholder for the applicable deductible amount, and (iii) failure to reimburse deductible amounts by the policyholder to the insurer will result in the cancellation of the deductible endorsement.
1995, c. 237.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-813.2. Premium discounts; drug-free workplace programs

Every insurer providing coverage pursuant to this title shall provide a premium discount of up to five percent to every employer instituting and maintaining a drug-free workplace program satisfying such criteria as each insurer may establish.
1997, c. 410; 2001, c. 280.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-814. Insurer to furnish written evidence of coverage on request

Upon request of its insured, every insurer against liability arising under this title shall furnish to such insured, within five working days of receipt of said request, a certificate or other writing evidencing the effective coverage afforded such insured. Any insurer violating the provisions of this section shall be punished by a fine of $500.
1973, c. 254, § 65.1-113.1; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-815. Group self-insurance association required to furnish written evidence of membership

Upon request of any member employer, a group self-insurance association shall furnish to such employer a certificate of membership or other written evidence of membership.
1979, c. 463, § 65.1-113.2; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-816. Title not applicable to boiler, etc., insurance

This title shall not apply to policies of insurance against loss from explosion of boilers or fly wheels or other similar single catastrophe hazards.
Code 1950, § 65-110; 1968, c. 660, § 65.1-114; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-817. Rates; cooperation between State Corporation Commission and Workers' Compensation Commission

Authority is hereby conferred upon the State Corporation Commission to make such arrangements with the Workers' Compensation Commission as may be agreeable to the Workers' Compensation Commission, for collecting, compiling, preserving and publishing statistical and other data in connection with the work of regulating workers' compensation insurance rates and for the division of the expenses thereof, to the end that duplication of work and expenditures may be avoided. Whenever it deems proper, with the consent of the Workers' Compensation Commission, the State Corporation Commission may appoint members of the Workers' Compensation Commission, or its employees, as special agents of the State Corporation Commission to take testimony and make reports with reference to any matter involving questions of workers' compensation insurance rates.
Code 1950, § 65-113; 1968, c. 660, § 65.1-117; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-818. Minimum standards of service for insurers

The State Corporation Commission in cooperation with the Workers' Compensation Commission shall establish minimum standards of service for insurers writing workers' compensation policies in this Commonwealth, including but not limited to the servicing of such policies, the establishment of offices within the Commonwealth, and the payment of compensation.
1970, c. 470, § 65.1-117.1; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-819. Penalty for violation of certain provisions

Any person or persons who shall in this Commonwealth (i) act or assume to act as agent for any such insurance carrier whose authority to do business in this Commonwealth has been suspended, while such suspension remains in force, (ii) fail to comply with requirements or standards imposed under §§ 65.2-817 and 65.2-818 or of Chapter 10 (§ 65.2-1000 et seq.) of this title, or (iii) willfully make a false or fraudulent statement of the business or condition of any such insurance carrier, or a false or fraudulent return as therein provided, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court or jury trying the case.
Code 1950, § 65-114; 1968, c. 660, § 65.1-117.1; 1970, c. 470; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-820. Application to State Corporation Commission for assignment of risk; insurer assigned risk to issue policy

Every employer subject to the provisions of this chapter who has been unable to obtain a workers' compensation insurance policy shall have the right to apply to the State Corporation Commission to have his risk assigned to an insurance carrier licensed to write and writing workers' compensation insurance in this Commonwealth. The insurance carrier, whether stock, mutual, reciprocal or interinsurer or other type or form of organization, to whom any such risk is assigned shall issue a policy of workers' compensation insurance which will enable such employer to meet the requirements of this chapter.
Code 1950, § 65-114.1; 1956, c. 358; 1968, c. 660, § 65.1-119; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-821. State Corporation Commission to make rules and regulations, and establish rating schedules and rates

A. The State Corporation Commission may make reasonable rules and regulations for the assignment of risks to insurance carriers. It shall establish such rate classifications, rating schedules, rates, rules and regulations to be used by insurance carriers issuing assigned risk workers' compensation policies in accordance with this chapter as appear to it to be proper.
B. In the establishment of rate classifications, rating schedules, rates, rules and regulations, it shall be guided by such principles and practices as have been established under its statutory authority to regulate workers' compensation insurance rates and it may act in conformity with its statutory discretionary authority in such matters.
Code 1950, § 65-114.2; 1956, c. 358; 1968, c. 660, § 65.1-120; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-822. Action by State Corporation Commission upon application

The State Corporation Commission may, if in its judgment it deems such action to be justified after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the Workers' Compensation Commission or from other sources:
1. Refuse to assign an application;
2. Approve the rejection of an application by an insurance carrier;
3. Approve the cancellation of a workers' compensation policy by an insurance carrier; or
4. Refuse to approve the renewal or the reassignment of an expiring policy.
Code 1950, § 65-114.3; 1956, c. 358; 1968, c. 660, § 65.1-121; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-823. Information filed with State Corporation Commission by insurance carrier to be confidential; exception

Any and all information filed with the State Corporation Commission by an insurance carrier or a rate service organization in connection with an assigned risk shall be confidential and solely for the information of the State Corporation Commission and its staff and shall not be disclosed to any person, including an applicant, policyholder and any other insurance carrier.
However, at the discretion of the State Corporation Commission, such information may be disclosed to any agent or insurer licensed in the Commonwealth for the purpose of procuring coverage in the voluntary market. Such disclosure shall be limited to the insured's name, address, policy expiration, risk identification number, experience modification factor, governing classification, premium, information pertaining to whether the insured has locations in multiple states, and any other information the State Corporation Commission deems appropriate.
Code 1950, § 65-114.4; 1956, c. 358; 1968, c. 660, § 65.1-122; 1991, c. 355; 1993, c. 985.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 8 - Insurance and Self-Insurance › § 65.2-824. Disclosures not required of State Corporation Commission; liability for acts or omissions

A. The State Corporation Commission shall not be required to disclose to any person, including the applicant or policyholder, its reasons for:
1. Refusing to assign an application;
2. Approving the rejection of an application by an insurance carrier;
3. Approving the cancellation of a workers' compensation policy by an insurance carrier; or
4. Refusing to approve the renewal or the reassignment of an expiring policy.
B. The State Corporation Commission shall not nor shall anyone acting for it be held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.
Code 1950, § 65-114.5; 1956, c. 358; 1968, c. 660, § 65.1-123; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 9 - Reports and Records › § 65.2-900. Records and reports of accidents

A. Every employer shall keep a record of all injuries or deaths of its employees which occur in the course of employment. Within ten days after the occurrence of such injury or death, and knowledge of injury as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured employer, its insurance carrier, in accordance with regulations adopted by the Commission which may authorize the transmission of such reports in written, magnetic, electronic or facsimile media. The Commission shall provide forms and instructions for reporting as required by this section. The Commission shall provide the Department of Labor and Industry with such reports.
B. The accident report shall contain the name, nature and location of the business of the employer and the name, age, sex and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury and the nature and cause of the injury, together with such other information as may be required by the Commission. However, those injuries deemed minor by the Commission shall be reported in the manner prescribed by the Commission.
Code 1950, § 65-115; 1956, c. 351; 1968, c. 660, § 65.1-124; 1991, c. 355; 1995, c. 86.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 9 - Reports and Records › § 65.2-901. Report of number of employees, hours of work, etc.

Every employer shall upon request of the Commission report the number of its employees, hours of their labor and number of days of operation of business.
Code 1950, § 65-117; 1968, c. 660, § 65.1-126; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 9 - Reports and Records › § 65.2-902. Failure to make required reports; civil penalty

A. Any employer, insurance carrier, self-insurer, group self-insurance association, or third party administrator who fails to make any report required by the Commission pursuant to this title shall be assessed a civil penalty of not more than $500 for each failure. If the Commission determines that any such failure is willful, it shall assess a civil penalty of not less than $500 and not more than $5,000. The civil penalty herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases.
B. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).
Code 1950, § 65-118; 1968, c. 660, § 65.1-127; 1970, c. 470; 1991, c. 355; 1993, c. 378; 2014, c. 203.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 9 - Reports and Records › § 65.2-903. Records not public

The records of the Commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public but only to the parties satisfying the Commission of their interest in such records and their right to inspect them; however, the Commission shall make its records about an injured employee available to the Virginia Employment Commission, the Department of Social Services, or the Virginia Retirement System if any such entity requests such records. The Commission shall promulgate rules to ensure that information for the purpose of determining eligibility for employment shall not be provided without the written consent of the employee.
Code 1950, § 65-119; 1968, c. 660, § 65.1-128; 1991, c. 355; 1993, c. 806; 1996, c. 457; 1997, cc. 796, 895; 2002, c. 693.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 66 - Juvenile Justice › Chapter 1 - Department and State Board of Juvenile Justice › § 66-1. Creation of Department of Juvenile Justice

There is hereby created within the executive branch, responsible to the Governor, a Department of Juvenile Justice. The Department shall be under the immediate supervision of a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly. The Director shall serve at the pleasure of the Governor or until his successor shall be appointed and qualified. Vacancies shall be filled in the same manner as original appointments.
1989, c. 733; 1990, c. 350; 1996, c. 503.
2023 Code of Virginia › Title 66 - Juvenile Justice › Chapter 1 - Department and State Board of Juvenile Justice › § 66-2. Supervision of the Department

The Director of the Department of Juvenile Justice shall, under the direction of the Governor, be responsible for the supervision of the Department and shall exercise such other powers and perform such other duties as may be conferred or imposed by law upon him. He shall perform such other duties as may be required of him by the Governor and the Secretary of Public Safety and Homeland Security.
1989, c. 733; 1990, cc. 1, 317; 2014, cc. 115, 490.
2023 Code of Virginia › Title 66 - Juvenile Justice › Chapter 1 - Department and State Board of Juvenile Justice › § 66-3.2. Additional duties of the Director

A. The Director shall coordinate with the Department of Corrections the development and submission of requests for compensation from the United States Department of Justice State Criminal Alien Assistance Program for costs associated with incarcerating undocumented aliens.
B. The Director shall forward to the Commonwealth's Attorneys' Services Council, updated on a monthly basis, a list of all juveniles, 14 years of age or older, that (i) have been committed to the Department, (ii) have been found guilty of a felony offense defined as a predicate criminal act under § 18.2-46.1, or have been adjudicated delinquent on the basis of an act that would be a felony and a predicate criminal act under § 18.2-46.1 if committed by an adult, and (iii) have been identified as belonging to a criminal gang. The list shall contain identifying information for each gang member, as well as the offense, court, and date of conviction or adjudication.
2004, c. 126; 2006, cc. 431, 500.