reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-90 - Rule 8 Self-insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Commonwealth
				of Virginia, its municipalities, and political subdivisions. Permission for
				self-insurance will be granted by the commission to the Commonwealth and its
				political subdivisions and to Virginia municipalities upon application for
				certification, without submission of proof of financial ability and without
				deposit of bond or other security. However, the premium tax provided for in
				§
									65.2-1006 of the Code of
				Virginia shall be paid.
B.
				Confidentiality of self-insurer information. No record of any information
				concerning the solvency and financial ability of any employer acquired by a
				commissioner or the commissioner's agent by virtue of the commissioner or
				commissioner's agent's powers under the Act shall be subject to inspection; nor
				shall any information in any way acquired for such purposes by virtue of such
				powers be divulged by a commissioner or a commissioner's agent, unless by order
				of the court, so long as said employer shall continue solvent and the
				compensation legally due from the employer, in accordance with provisions of
				the Act, shall continue to be paid.
Statutory Authority: §
											65.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-100 - Rule 9 Payment of compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Waiting period.
				If the employee is not paid wages for the entire day on which the injury
				occurred, the seven-day waiting period prescribed by the Act shall include the
				day of injury regardless of the hour of the injury.
All days or parts of days when the injured employee is unable
				  to earn a full day's wages, or is not paid a full day's wages, due to injury,
				  shall be counted in computing the waiting period even though the days may not
				  be consecutive.
B. Direct
				payment. All compensation due an injured employee or compensation awarded on
				account of death under the Act must be paid directly to the beneficiary in
				accordance with the award. This ruling applies whether or not the employee is
				represented.
Compensation awarded shall be paid promptly and in strict
				  accordance with the award issued by the commission. When an award provides for
				  an attorney fee, the employer shall pay the fee directly to the attorney unless
				  there is alternative provision in the award.
Statutory Authority: §
											65.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-110 - Rule 10 X-ray evidence for coal workers' pneumoconiosis claims

Current through Register Vol. 40, No. 24, July 15, 2024
A. Limitation on
				x-ray submissions. In any claim for first, second, or third stage
				pneumoconiosis under §
									65.2-504 of the Code of
				Virginia, the employer and the employee each shall be limited to submission of
				not more than three medical interpretations (readings) of x-ray evidence
				without regard to the number of x-rays. For good cause shown, additional
				interpretations may be received as evidence if deemed necessary by the
				commission.
B. Reading by Pulmonary
				Committee. Any party to a contested claim, or the parties upon agreement, may
				submit the x-ray evidence to the commission for interpretation by the Pulmonary
				Committee. If a party agrees to accept the x-ray reading of the Pulmonary
				Committee as the binding classification, the costs of evaluation shall be borne
				by the commission.
C. Appointment
				of Pulmonary Committee. The commission shall appoint a Pulmonary Committee to
				be composed of at least three qualified physicians certified as B readers under
				standards promulgated by the International Labour Organization (ILO).
Statutory Authority: §
											65.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-120 - Rule 11. Pneumoconiosis table

Current through Register Vol. 40, No. 24, July 15, 2024
A table for conversion of medically-classified categories of
				  pneumoconiosis (under ILO standards) into stages of pneumoconiosis shall be
				  promulgated by the commission and information from the table shall be the basis
				  for determining the amount of compensation due, if any, under § 65.2-504
				  of the Code of Virginia for coal workers' pneumoconiosis and under §
				  65.2-503 of the Code of Virginia for other pneumoconioses.
Medical interpretations of radiographic evidence, for the
				  purpose of conversion to stages under this table, shall be based upon the ILO
				  1980 International Classification of Radiographs of the Pneumoconioses.
First Stage:
Category
1 and 2
p, s
Category
1
q, t
Second Stage:
Category
3
p, s
Category
2 and 3
q, t
Category
1, 2 and 3
r, u
Third Stage:
Category
A, B, C
Statutory Authority
§ 65.2-210 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-130 - Rule 12. Hearing loss table

Current through Register Vol. 40, No. 24, July 15, 2024
A table for determining compensable percentage of hearing
				  loss shall be promulgated by the commission.
All determinations are to be made (i) without the use of a
				  hearing aid; and (ii) with a pure-tone audiometer by air conduction
				  alone.
Hearing loss in decibels is to be recorded at 500, 1,000,
				  2,000 and 3,000 cycles per second. The audiometer shall be calibrated to the
				  ANSI 1969 standard.
The average decibel loss is to be translated into percentage
				  of compensable hearing loss of each ear according to the following
				  table:
Average Decibel Loss
Percent of Compensable Hearing Loss
27
.8
28
2.2
29
3.6
30
5
31
6.7
32
8.3
33
10
34
11.7
35
13.3
36
15
37
16.7
38
18.3
39
20
40
21.7
41
23.3
42
25
43
26.7
44
28.3
45
30
46
31.7
47
33.3
48
35
49
36.7
50
38.3
51
40
52
41.7
53
43.3
54
45
55
46.7
56
48.3
57
50
58
51.7
59
53.3
60
55
61
56.7
62
58.3
63
60
64
61.7
65
63.3
66
65
67
66.7
68
68.3
69
70
70
71.7
71
73.3
72
75
73
76.4
74
77.8
75
79.2
76
80.6
77
82
78
83.4
79
84.8
80
86.2
81
87.6
82
89
83
90.4
84
91.8
85
93.2
86
94.6
87
96
88
97.4
89
98.8
90 and over
100
No allowance for presbycusis is to be made
Statutory Authority
§ 65.2-210 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-140 - Rule 13 Table of percentage of loss of visual acuity

Current through Register Vol. 40, No. 24, July 15, 2024
Table of percentage of loss of visual acuity.
SNELLEN CHART
Snellen Chart Readings
Percentage of Loss of Visual Acuity
20/20
0
20/25
5
20/30
10
20/40
20
20/50
25
20/60
33-1/2
20/70
40
20/80
50
20/90
62-1/2
20/100
75
20/110
80
20/120
85
20/130
87
20/140
89
20/150
91
20/160
93
20/170
95
20/180
97
20/190
99
20/200
100
Any other deviation from normal vision caused by the injury
				  shall be considered.
Statutory Authority: §
											65.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 50 - RULES OF THE VIRGINIA WORKERS' COMPENSATION COMMISSION › Section 16VAC30-50-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											65.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-50 to 16VAC30-60-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part I › Section 16VAC30-60-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part II - Initial Review › Section 16VAC30-60-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part II - Initial Review › Section 16VAC30-60-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part II - Initial Review › Section 16VAC30-60-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part II - Initial Review › Section 16VAC30-60-110 - Initial evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  committee member shall review the completed request for review, any response
				  submitted by the defending party, and any additional information acquired
				  during investigation.
B. The
				  responsible peer review committee member may request additional information
				  from the physician, the insurer/employer, or any other source that has relevant
				  information. If necessary, the chairman of the peer review committee may
				  request that the commission utilize its powers of investigation.
C. The committee member shall be prepared to
				  make an oral evaluation of the request for review and recommended disposition
				  at the informal hearing. The committee member or chairman has the discretion to
				  resolve the matter in dispute with the consent of the parties and without the
				  necessity of an informal hearing.
Statutory Authority
§ 65.2-1305 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part III - Informal Hearing Procedures › Section 16VAC30-60-120 - Informal fact finding

Current through Register Vol. 40, No. 24, July 15, 2024
Peer review committee consideration of each request for
					 review shall be conducted as follows:
1. Meetings of the peer review committee
				  shall be scheduled by the chairman. The informal hearing on a request for
				  review shall be scheduled during a meeting of the peer review committee. The
				  hearing shall be scheduled on the next open agenda and shall be held no later
				  than 180 days after the date the request is received by the
				  commission.
2. The Secretary of the
				  Statewide Coordinating Committee shall notify the defending party by certified
				  mail, return receipt requested, of the date of the informal hearing no less
				  than 15 days before the hearing. A copy of the notice shall be sent to the
				  party requesting review. In the event there is a request for a continuance of
				  an informal hearing, the decision whether to grant the continuance shall be
				  left to the discretion of the chairman.
3. Informal hearings on requests for review
				  shall be conducted as follows:
a. A quorum
				  shall consist of three members;
b.
				  The chairman or his designated substitute shall preside;
c. The committee member who evaluated the
				  request for review shall present orally his evaluation and
				  recommendation;
d. The defending
				  party shall be advised of any contrary factual basis or information in the
				  committee's possession upon which the committee may rely in making an adverse
				  decision;
e. The chairman shall
				  allow the defending party, or counsel, an opportunity to present factual data,
				  argument, or proofs for a period of time not exceeding 20 minutes;
f. Upon the conclusion of the presentation of
				  all relevant information, the hearing will be closed;
g. The committee will, at a convenient time,
				  conduct its deliberations outside the presence of the parties.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part III - Informal Hearing Procedures › Section 16VAC30-60-130 - Decision

Current through Register Vol. 40, No. 24, July 15, 2024
A. After
				  deliberation, the peer review committee will vote on the recommended
				  disposition, in the following manner:
1. The
				  vote of the majority of the members present shall be adopted;
2. In the case of a tie vote, the review will
				  be terminated and the decision deemed to be favorable to the defending party;
				  and
3. Dissenting members may
				  record their objections in writing.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 60 - PROCEDURAL REGULATIONS GOVERNING THE ADMINISTRATION OF MEDICAL COSTS PEER REVIEW BY THE REGIONAL PEER REVIEW COMMITTEES UNDER THE VIRGINIA WORKERS' › Part IV - Appeal › Section 16VAC30-60-140 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Chapter 13 (§ 65.2-1300 et seq.) of Title 65.2 of the
					 Code of Virginia and the Rules of the Commission shall govern all
					 appeals.
Statutory Authority
§ 65.2-1305 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the content clearly indicates
				  otherwise:
"Act" means the Virginia Workers' Compensation Act.
"Bond" means a corporate surety bond issued by a company
				  currently licensed by the State Corporation Commission to write bonds in
				  Virginia.
"Commission" means the Virginia Workers' Compensation
				  Commission.
"Current" or "currently" means in effect at the time the
				  action is taken.
"Excess coverage" means a policy providing coverage for
				  claims costs in excess of a specified retention level, issued by a company
				  currently approved by the State Corporation Commission to write such coverage
				  in Virginia.
"Group self-insurer" means an employer belonging to a group
				  self-insurance association that has been certified by the State Corporation
				  Commission.
"Individual self-insurer" means a public or private employer
				  certified by the Virginia Workers' Compensation Commission as an individual
				  self-insurer for workers' compensation.
"Private self-insurer" means a self-insured individual
				  employer that is not a governmental entity.
"Public self-insurer" means a self-insured individual
				  employer that is a branch of state, county, or municipal
				  government.
Statutory Authority
§§ 65.2-201 and 65.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-30 - Applications for self-insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applicants for individual self-insurance shall meet the following minimum
				requirements:
1. At least three years of
				operation under the current corporate identity.
2. Positive tangible net worth.
3. No fewer than 50 full-time employees
				within Virginia, except that for applicants with more than 250 employees in all
				U.S. jurisdictions this requirement will be waived.
4. No more than one net loss within the last
				three years.
5. A current ratio,
				based on audited figures, of at least 1.00, except that upon satisfactory and
				acceptable proof from the applicant that the median current ratio for the
				applicant's industry is less than 1.0, that median ratio shall be used as the
				minimum standard.
6. A debt/equity
				ratio (total liabilities to net worth), based on audited figures, of less than
				2.2, except that upon satisfactory and acceptable proof from the applicant that
				the debt/equity ratio for the applicant's industry is greater than 2.2, that
				median figure shall be used as the minimum standard.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-40 - Review of applications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Completed applications will be reviewed and a decision made within 90
				days.
B. Applicants will be
				notified that their application has been received, whether it is complete, what
				materials will be needed, and when a decision can be expected.
C. Applicants may be required to provide
				additional information in support of their applications. Such additional
				information may include, but is not limited to, the following:
1. Updated information on financial
				operations, including review of the applicant's financial records by commission
				staff or their agents.
2.
				Additional information on Virginia operations (precise manufacturing
				procedures, exposure to industrial chemicals, potential occupational disease
				exposures, loss control efforts).
3. Detailed information on accidents or
				diseases, including review of the applicant's accident and safety records by
				commission staff or their agents.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-50 - Notice of approval or denial

Current through Register Vol. 40, No. 24, July 15, 2024
A. After reviewing the application, the
				commission will approve it (with or without conditions), deny it, or request
				additional information.
B. If the
				commission approves the application, the applicant will be informed of the
				decision, and requested to provide the following:
1. A surety bond written by a company
				licensed by the State Corporation Commission to write such bonds in Virginia.
				The bond must be in the amount specified by the commission, and provided on the
				currently approved version of the commission bond form (VWC Form No.
				21A).
2. Proof of excess coverage
				provided by a company approved by the State Corporation Commission to write
				such coverage in Virginia. The coverage must be in the amount stipulated in the
				application, subject to any modifications in limits or retention level that may
				have been specified as a condition of the commission's approval of the
				application. The coverage may not be provided by any captive or subsidiary of
				the self-insurer, or by any captive or subsidiary of the self-insurer's parent
				company.
3. A copy of the agreement
				between the applicant and the proposed third party administrator (if not
				already provided as part of the application).
4. A copy of a parental guarantee if required
				by the commission. The guarantee must be provided on the currently approved
				version of the commission's parental guarantee form (VWC Form No.
				22).
5. Documentation that any
				additional conditions of the commission's approval have been met.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-60 - Surety bonds

Current through Register Vol. 40, No. 24, July 15, 2024
A. All approved
				self-insurers, except those employers who already have securities on deposit,
				shall submit to the commission a corporate surety bond, issued by a licensed
				Virginia bond writer.
B. The bond
				may not be written by any captive or subsidiary of the self-insurer, or by any
				captive or subsidiary of the self-insurer's parent company.
C. The bond shall be issued on the currently
				approved version of the commission's bond form (VWC Form No. 21A).
D. The bond must include the phrase "and its
				subsidiaries" immediately after the corporate name under which self-insurance
				was approved.
E. If the applicant
				has any subsidiaries that are not to be included under the bond, a specific
				rider to that effect must be submitted.
F. The minimum amount of the bond shall be
				the larger of the following:
1. $750,000,
				or
2. 2.0 times the annual incurred
				costs (including all reserves) for workers' compensation claims, based on the
				average of costs incurred over the past three years.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-70 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				following regular reports must be submitted annually to the commission.
1. Within 60 days after the request, the
				self-insurer must provide a report of payroll to the commission, broken down by
				NCCI payroll classifications.
2.
				Within 60 days after the request, the self-insurer must provide a completed
				annual questionnaire on operations and claims experience.
3. Private self-insurers, but not public
				self-insurers, must also provide with the annual questionnaire:
a. Audited financial figures for the latest
				year of operations, and
b. A list
				of subcontractors who are, or may be, covered by the certificate of
				self-insurance.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-80 - Termination and withdrawal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commission may revoke the privilege of self-insurance. Reasons for revocation
				include, but are not limited to, the following:
1. Deteriorating financial condition.
a. Seriously deteriorating financial
				condition, as evidenced by poor financial indicators, negative net worth, or
				sequential net losses, may result either in termination of the Certificate of
				Self-Insurance under
				16VAC30-80-80 B or a requirement
				to increase the bond and/or excess coverage amounts.
b. Moderately deteriorating financial
				condition, as evidenced by poor financial indicators, low net worth, or a net
				loss, may result in a requirement to increase bond and/or excess coverage
				amounts.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-90 - Public self-insurers

Current through Register Vol. 40, No. 24, July 15, 2024
A.
									16VAC30-50-90 of the commission
				stipulates that the state, its municipalities, and its divisions, may apply for
				and be granted the privilege of self-insurance without providing the proof of
				solvency required by § 65.2-801 of the Code of Virginia.
B. Public entities that wish to become
				self-insured for workers' compensation must apply using the currently approved
				version of the commission's application form (VWC Form No. 20).
C. The attachments to the application that
				are required of private sector applicants (financial reports, claims runs,
				application fee) are not required of public sector applicants.
D. No surety bond or excess insurance
				coverage will be required of public sector applicants.
E. Public sector applicants will be provided
				with a Certificate of Self-Insurance that is continuous in nature.
F. Approved public self-insurers are required
				to:
1. Meet their responsibilities under the
				Virginia Workers' Compensation Act.
2. Follow all other commission rules and
				regulations.
3. Provide annual
				payroll and operational reports as specified in
				16VAC30-80-70 A of this
				chapter.
4. Respond to specific
				commission requests for information as specified in
				16VAC30-80-70 E of this
				chapter.
5. Provide the assessments
				that are required under Chapters 10 (§ 65.2-1000 et seq.), 11 (§
				65.2-1100 et seq.), and 12 (§ 65.2-1200 et seq.) of Title 65.2 of the Code
				of Virginia and
				16VAC30-80-100 of this
				chapter.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 80 - REGULATIONS GOVERNING INDIVIDUAL SELF-INSURANCE UNDER THE VIRGINIA WORKERS' COMPENSATION ACT › Section 16VAC30-80-100 - Assessments

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				self-insurers, public and private, shall be subject to assessments for the
				commission's Administrative Fund (Chapter 10 of Title 65.2 of the Code of
				Virginia), the Second Injury Fund (Chapter 11 of Title 65.2), the Uninsured
				Employer's Fund (Chapter 12 of Title 65.2), and such other funds or expenses as
				may be required by future legislation or commission regulation.
B. Self-insurers' assessments shall be
				calculated by the commission each year based on manual insurance rates for the
				same or similar work.
C. Failure to
				provide the amounts assessed within 60 days of notice of the amount of the
				assessment shall be grounds for termination of the privilege of
				self-insurance.
Statutory Authority
§§ 65.2-201 and 65.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-10 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-20 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-30 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-40 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-50 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-60 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-70 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 90 - PROCEDURAL REGULATIONS FOR FILING FIRST REPORTS UNDER THE VIRGINIA WORKERS' COMPENSATION ACT [REPEALED] › Section 16VAC30-90-80 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 91 - CLAIMS REPORTING › Section 16VAC30-91-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Claims reports" means FROI and SROI reports concerning an
				  injury filed by or on behalf of an insurer or self-insurer with the commission
				  pursuant to the requirements set forth in the implementation guide.
"Commission" means the Virginia Workers' Compensation
				  Commission.
"EDI" or "electronic data interchange" means the method used
				  to exchange data electronically between the commission and those organizations
				  submitting claims reports to the commission.
"Filed electronically" means filed with the commission
				  through EDI or through the Internet portal established by the commission for
				  submission of claims reports, pursuant to the requirements set forth in the
				  implementation guide.
"First report of injury" or "FROI" means the initial claims
				  report filed with the commission concerning an injury.
"Implementation guide" means the Electronic Data Interchange
				  (EDI) Implementation Guide, May 1, 2008 Edition, which contains requirements
				  published and updated by the commission to be followed when claims reports are
				  filed electronically with the commission.
"Insurer" means a company licensed to write workers'
				  compensation coverage in Virginia.
"Minor injury" means an injury that meets none of the
				  following seven reporting criteria:
1.
				Lost time or partial disability exceeding seven days.
2. Medical expenses exceeding
				$1,000.
3. Any denial of
				compensability.
4. Any disputed
				issues.
5. An accident that results
				in death.
6. Any permanent
				disability or disfigurement.
7. Any
				specific request made by the commission.
"Self-insurer" means an entity providing workers'
				  compensation coverage directly to its employees based on formal approval by
				  either the Virginia Workers' Compensation Commission or the State Corporation
				  Commission.
"Subsequent report of injury" or "SROI" means a claims report
				  filed with the commission after a FROI, which reports medical or indemnity
				  payment activity about an injury or a decision to deny or no longer make
				  payment on an injury.
Statutory Authority
§§ 65.2-201 and 65.2-900 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 91 - CLAIMS REPORTING › Section 16VAC30-91-20 - Procedures for filing claims reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. By no later than July 1, 2009, all claims
				reports must be filed electronically with the commission.
B. The commission shall publish an
				implementation guide describing the requirements to be followed when claims
				reports are filed electronically with the commission. Any changes or updates to
				the implementation guide shall be published by the commission on an annual
				basis on or about September 1.
C. A
				FROI must be filed on all injuries in accordance with the implementation
				guide.
D. SROI reports concerning
				denials, indemnity payments, medical payments, and suspensions must be filed on
				all injuries that do not meet the definition of a minor injury in accordance
				with the implementation guide.
E.
				An injury that meets the definition of a minor injury may be reported as such
				to the commission on a FROI in accordance with the implementation guide. If an
				injury that is reported to the commission as being a minor injury subsequently
				fails to meet the definition of a minor injury, then an updated FROI on that
				injury, followed by required SROI reports, must be filed with the commission
				immediately, in accordance with the implementation guide.
Statutory Authority
§§ 65.2-201 and 65.2-900 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 91 - CLAIMS REPORTING › Section - DOCUMENTS INCORPORATED BY REFERENCE (16VAC30-91)

Current through Register Vol. 40, No. 24, July 15, 2024
Electronic Data Interchange (EDI) Implementation Guide,
				  Virginia Workers' Compensation Commission, May 1, 2008 Edition.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Act" means the Virginia Workers' Compensation Act, Title
				  65.2 (§ 65.2-100 et seq.) of the Code of Virginia.
"Aggregate annual payroll" means the sum of all payroll
				  reported to the commission by PEOs.
"Agreement" means an agreement for professional employer
				  services as "professional employer services" is defined in § 65.2-101 of
				  the Code of Virginia.
"Calendar year" means a 12-month period beginning January 1
				  and ending December 31.
"Client company" means "client company" as defined in §
				  65.2-101 of the Code of Virginia.
"Coemployee" means "coemployee" as defined in §
				  65.2-101 of the Code of Virginia.
"Commission" means the Virginia Workers' Compensation
				  Commission.
"Electronic" or "electronically" means using a
				  computer-based information input and handling system designated by the
				  commission.
"File" or "filed" means received by the commission. Where a
				  document is filed electronically, it shall be deemed received by the commission
				  at the date and time it is first written to disk on the commission's computer
				  or that of the commission's agent, unless the commission rejects the
				  document.
"Identifying information" means information describing the
				  PEO's place or places of business including street address, mailing address,
				  and telephone numbers; the street address, mailing address, and telephone
				  numbers of its representative designated pursuant to
				  16VAC30-100-20 C; and information
				  describing the PEO's business form.
"Payroll" means gross amounts paid by a PEO to its
				  coemployees in the Commonwealth of Virginia as compensation during the calendar
				  year immediately preceding the year in which the assessment is calculated. Such
				  gross amounts shall be equal to the sum of all items included in the NCCI
				  definition of remuneration.
"PEO" means a professional employer organization as defined
				  in § 65.2-101 of the Code of Virginia.
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-20 - Initial registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each PEO
				shall register as required by § 65.2-803.1A of the Code of Virginia by
				filing with the commission an application on a form and in a manner prescribed
				and furnished by the commission. The application shall include the list of all
				client companies of the PEO and related insurance information required by
				§ 65.2-803.1B of the Code of Virginia.
B. Subject to subsection C of this section, a
				PEO's registration shall be effective when the completed application is filed
				in the proper format, unless it is rejected by the commission.
C. Each PEO shall comply with the following
				when it files its application for registration:
1. The PEO shall designate a representative
				maintaining a street address, mailing address, and telephone number in the
				Commonwealth of Virginia. This designated representative shall be authorized to
				receive service of process and communications from the commission. Notice to
				this designated representative shall be deemed sufficient notice to the PEO for
				all purposes for which notice is required or permitted under the Act or these
				regulations.
2. At the time of
				registration, the PEO and each of its client companies shall be in compliance
				with the insuring requirement of § 65.2-801 of the Code of Virginia. Each
				PEO shall certify this compliance in its registration.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-30 - Annual reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each PEO
				shall file annually with the commission its report of all client companies and
				related insurance information required by § 65.2-803.1B of the Code of
				Virginia on a form and in a manner prescribed and furnished by the commission.
				This report shall include the PEO's payroll used in calculating the assessment
				in 16VAC30-100-70.
B. This report shall be filed by 5 p.m.,
				Eastern Standard Time, on January 31.
C. Failure by a PEO to file the report
				referenced in subsection A of this section by the deadline in subsection B
				shall subject the PEO to the penalties provided in §§ 65.2-803.1H and
				65.2-902 of the Code of Virginia.
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-40 - Notification of changes in client company status and insurance coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each PEO shall
				provide notice to the commission when it enters into an agreement with a client
				company as required by § 65.2-803.1B of the Code of Virginia. Such
				notification shall include the related insurance information required by §
				65.2-803.1B of the Code of Virginia.
B. When a PEO enters into an agreement with a
				client company, the PEO shall notify the client company, in writing, of the
				client company's obligation to comply with the insuring requirement of §
				65.2-801 of the Code of Virginia with respect to its employees who are not
				coemployees covered under any master policy.
C. The notice to a client company of a PEO's
				intent to terminate an agreement, as required by § 65.2-803.1E of the Code
				of Virginia, shall include the following:
1.
				The date on which the agreement shall terminate;
2. The date on which the client companies'
				coverage under a master workers' compensation insurance policy, if any, issued
				in the name of the PEO will terminate; and
3. The following statement placed
				conspicuously:
The Virginia Workers' Compensation Act requires that all
				  employers subject to the Act maintain workers' compensation liability
				  insurance. On _____ [date], coverage of your employees under the workers'
				  compensation insurance policy issued to ______________ [name of PEO] will
				  terminate. Therefore, if you are subject to the Act, you must obtain the
				  required coverage. Your failure to obtain coverage may result in you incurring
				  civil penalties of up to $5,000 and additional criminal penalties.
Each PEO shall file with the commission copies of all
				  notices.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-50 - Notification of change in identifying information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each PEO shall have a continuing duty to
				timely notify the commission of changes in its identifying information in a
				format and manner prescribed by the commission.
B. Failure by a PEO to timely notify the
				commission of a change in its identifying information shall subject the PEO to
				the penalties provided in §§ 65.2-803.1H and 65.2-902 of the Code of
				Virginia.
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-60 - Requirements for filing with the commission

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless the commission directs or permits
				otherwise, each PEO shall make the filings with the commission required by the
				Act or these regulations electronically in a manner and format prescribed by
				the commission.
B. Where, under the
				circumstances, the electronic filing requirement in subsection A would be an
				undue hardship on a PEO, the PEO may request in writing to the commission a
				waiver of the requirement. The commission may grant or deny the request in its
				discretion. Where the commission grants the request, the PEO shall make its
				report in an alternate format as prescribed by the commission.
C. Each document filed by a PEO with the
				commission shall be signed by an officer or principal of the PEO. Such
				signature shall be deemed a certification by that officer or principal on
				behalf of the PEO that the information contained in the document is true and
				correct. Electronic submission of any document by a PEO to the commission with
				the appropriate account number and PIN shall be deemed a signature for all
				purposes under the Act and these regulations.
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-70 - Annual assessment

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commission shall calculate the annual assessment for a PEO required by §
				65.2-803.1I of the Code of Virginia using the following formula:
(a/b) x c where,
a = payroll of the PEO for which assessment is being
				  calculated;
b = aggregate annual payroll; and
c = sums necessary for registration and supervision of all
				  PEOs.
B. Each PEO shall
				report payroll on the form prescribed by the commission as provided in
				16VAC30-100-30.
C. The commission shall calculate the
				assessment for each PEO and send an appropriate invoice. The PEO shall pay the
				assessment to the commission no later than 60 days from the date of the
				invoice. Payment shall be made in the manner prescribed by the commission in
				the invoice.
D. The assessment
				shall be nonrefundable, in whole or in part.
E. Failure of a PEO to pay the assessment
				shall subject the PEO to the penalties provided in §§ 65.2-803.1H and
				65.2-902 of the Code of Virginia.
Statutory Authority
§§ 65.2-201 and 65.2-803.1 of the Code of
					 Virginia.