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Chapter 1 - Definitions and General Provisions
§ 65.2-100. Short title - This title shall be known as the Virginia Workers' Compensation...
§ 65.2-101. Definitions - As used in this title: "Average weekly wage" means: 1....
§ 65.2-101.1. Certified mail; subsequent mail or notices may be sent by regular mail - Whenever in this title the Commission is required to send...
§ 65.2-102. Coverage of firefighters and law-enforcement officers in off-duty capacity - A. Notwithstanding any other provision of law, a claim for...
§ 65.2-103. Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders - A claim for workers' compensation benefits shall be deemed to...
§ 65.2-104. Coverage of first responders in off-duty capacity during state of emergency - A. Notwithstanding any other provision of law, if the Governor...
§ 65.2-105. Presumption that certain injuries arose out of and in the course of employment - In any claim for compensation, where the employee (i) is...
§ 65.2-106. Criminal justice training academy trainees - A. Notwithstanding any other provision of law, any individual who...
§ 65.2-107. Post-traumatic stress disorder incurred by law-enforcement officers and firefighters - A. As used in this section: "Firefighter" means any (i)...
Chapter 2 - Virginia Workers' Compensation Commission
§ 65.2-200. Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office - A. The Industrial Commission of Virginia is continued and shall...
§ 65.2-201. General duties and powers of the Commission - A. It shall be the duty of the Commission to...
§ 65.2-202. Subpoena powers of the Commission; production of records and papers - A. The Commission or any member or deputy commissioner shall...
§ 65.2-203. Powers and duties of deputy commissioners and bailiffs - A. Deputy commissioners shall have the power to subpoena witnesses,...
§ 65.2-204. Administrative provisions: offices, meetings, travel, salary, and expenses - A. The Commission shall be provided with adequate offices in...
§ 65.2-205. Ombudsman program; confidentiality - A. The Commission may create an Ombudsman program and appoint...
Chapter 3 - Application and Effect of Title
§ 65.2-300. Presumption of acceptance of provisions of title; exemptions; notice and rejection - A. Every employer and employee, except as herein stated, shall...
§ 65.2-301. Victims of sexual assault - A. Any employee who, in the course of employment, is...
§ 65.2-301.1. Public safety officers - In situations where weather constitutes a particular risk of a...
§ 65.2-301.2. Employee classification; disaster; personal protective equipment not considered - A. For the purposes of this section, the terms "communicable...
§ 65.2-302. Statutory employer - A. When any person (referred to in this section as...
§ 65.2-303. Recovery from subcontractor; proceedings against owner or contractor - A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed...
§ 65.2-304. Indemnity of principal from subcontractor - When the principal contractor is liable to pay compensation under...
§ 65.2-305. Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer - A. Those employers not subject to this title may, by...
§ 65.2-306. When compensation not allowed for injury or death; burden of proof - A. No compensation shall be awarded to the employee or...
§ 65.2-307. Employee's rights under Act exclude all others; exception - A. The rights and remedies herein granted to an employee...
§ 65.2-308. Discharge of employee for exercising rights prohibited; civil action; relief - A. No employer or person shall discharge an employee solely...
§ 65.2-309. Lien against settlement proceeds or verdict in third party suit; subrogation of employer to employee's rights against third parties; evidence; recovery; compromise - A. A claim against an employer under this title for...
§ 65.2-309.1. Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer - A. A claim against an employer under this title for...
§ 65.2-310. Protection of employer when employee sues third party - In any action by an employee, his personal representative or...
§ 65.2-311. Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310 - A. Except as provided in subsection B, in any action,...
§ 65.2-312. False statements, representations, etc., in connection with an award; penalties - A. It shall be unlawful for any person to knowingly...
§ 65.2-313. Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310 - In any action or claim for damages by an employee,...
Chapter 4 - Occupational Diseases
§ 65.2-400. "Occupational disease" defined - A. As used in this title, unless the context clearly...
§ 65.2-401. "Ordinary disease of life" coverage - An ordinary disease of life to which the general public...
§ 65.2-402. Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer - A. Respiratory diseases that cause (i) the death of volunteer...
§ 65.2-402.1. Presumption as to death or disability from infectious disease - A. Hepatitis, meningococcal meningitis, tuberculosis or HIV causing the death...
§ 65.2-403. Provisions in respect to injury by accident, etc., applicable to occupational disease - A. When the employer and employee are subject to the...
§ 65.2-404. What employer and carrier liability - A. When an employee has an occupational disease that is...
§ 65.2-405. Notice to be given - A. Within sixty days after a diagnosis of an occupational...
§ 65.2-406. Limitation upon claim; diseases covered by limitation - A. The right to compensation under this chapter shall be...
§ 65.2-407. Waiver - A. When an employee or prospective employee, though not incapacitated...
Chapter 5 - Compensation and Payment Thereof
§ 65.2-500. Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants - A. Except as provided in subsections E, F and G,...
§ 65.2-501. Incapacity after permanent loss - After compensation has been paid as provided in § 65.2-503,...
§ 65.2-502. Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants - A. Except as otherwise provided in § 65.2-503 or 65.2-510,...
§ 65.2-503. Permanent loss - A. Compensation for permanent partial and permanent total loss and...
§ 65.2-504. Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator - A. An employee eligible for an award for coal worker's...
§ 65.2-505. Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer - A. Except for hearing or vision loss that has not...
§ 65.2-506. Compensation after second injury in same employment - If an employee receives an injury for which compensation is...
§ 65.2-507. Same employment; when both injuries permanent - If an employee receives a permanent injury as specified in...
§ 65.2-508. Foreign injuries - A. When an accident happens while the employee is employed...
§ 65.2-509. Commencement of compensation - No compensation shall be allowed for the first seven calendar...
§ 65.2-510. Refusal of employment; compensation for partial incapacity - A. If an injured employee refuses employment procured for him...
§ 65.2-510.1. Employee imprisonment; suspension of benefits - A. Whenever an employee is imprisoned in a jail, state...
§ 65.2-511. Compensation to employee's distributees upon his death from any other cause - When an employee receives or is entitled to compensation under...
§ 65.2-512. Compensation to dependents of an employee killed; burial expenses - A. Except as provided in subsections F, G and H,...
§ 65.2-513. Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease - A. If death results from coal worker's pneumoconiosis or if...
§ 65.2-514. Special provisions for coal worker's pneumoconiosis claims for total disability or death - In the case of claims for death or total disability...
§ 65.2-515. Persons conclusively presumed to be wholly dependent - A. The following persons shall be conclusively presumed to be...
§ 65.2-516. Other cases of dependency - In all other cases questions of dependency in whole or...
§ 65.2-517. Termination of dependency - For the purpose of this title, the dependence of a...
§ 65.2-518. Limitation upon total compensation - The total compensation payable under this title shall in no...
§ 65.2-519. When limitations inapplicable to injuries arising out of pneumoconiosis - The limitations as to the maximum periods and maximum total...
§ 65.2-520. Voluntary payment by employer - Any payments made by the employer to the injured employee...
§ 65.2-521. Time of payment - The Commission, upon application of either party, may, in its...
§ 65.2-522. Lump sum payments, generally - When the parties agree and the Commission deems it to...
§ 65.2-523. Lump sum payments to trustees - Whenever the Commission deems it expedient, any lump sum subject...
§ 65.2-524. Failure to pay compensation within two weeks after it becomes due - If any payment is not paid within two weeks after...
§ 65.2-525. Who may receive payment and receipt therefor - A. Whenever payment of compensation is made to a surviving...
§ 65.2-526. Payment to junior dependents in good faith - Payment of death benefits by an employer in good faith...
§ 65.2-527. When employee's rights exercised by guardian or trustee - If an injured employee is incapacitated or is under eighteen...
§ 65.2-528. Time limitations on persons under disability - No limitation of time provided in this title for the...
§ 65.2-529. Joint service - Whenever any employee for whose injury or death compensation is...
§ 65.2-530. Preferences and priorities - All rights of compensation granted by this title shall have...
§ 65.2-531. Assignments of compensation; exemption from creditors' claims - A. No claim for compensation under this title shall be...
Chapter 6 - Notice of Accident; Filing Claims; Medical Attention and Examination
§ 65.2-600. Notice of accident - A. Every injured employee or his representative shall immediately on...
§ 65.2-601. Time for filing claim - The right to compensation under this title shall be forever...
§ 65.2-601.1. Effect of filing claim; stay of debt collection activities by health care providers - A. Whenever an employee makes a claim pursuant to §...
§ 65.2-601.2. Notice to employee of employer's intent - A. Whenever an employee makes a claim pursuant to §...
§ 65.2-602. Tolling of statute of limitations - In any case where an employer has received notice of...
§ 65.2-603. Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept - A. Pursuant to this section: 1. As long as necessary...
§ 65.2-603.1. Use of therapeutically equivalent drug products required - A. As used in this section, "therapeutically equivalent drug products"...
§ 65.2-604. Furnishing copy of medical report - A. Any health care provider attending an injured employee shall,...
§ 65.2-605. Liability of employer for medical services ordered by Commission; fee schedules for medical services; malpractice; assistants-at-surgery; coding - A. As used in this section, unless the context requires...
§ 65.2-605.1. Prompt payment; limitation on claims - A. Payment for health care services that the employer does...
§ 65.2-605.2. Biennial peer-reviewed studies - A. The Commission shall have a peer-reviewed study conducted every...
§ 65.2-606. Physicians for medical examination - The Commission or any member thereof may, upon the application...
§ 65.2-607. Medical examination; physician-patient privilege inapplicable; autopsy - A. After an injury and so long as he claims...
Chapter 7 - Procedure in Connection with Awards
§ 65.2-700. Jurisdiction of Commission - All questions arising under this title, if not settled by...
§ 65.2-701. Agreement as to compensation; penalty - A. If after injury or death, the employer and the...
§ 65.2-702. Disagreement on compensation; venue - A. If the employer and the injured employee or his...
§ 65.2-703. Interrogatories and depositions - A. Any party to a proceeding under this title may...
§ 65.2-704. Hearing; award or opinion by Commission - A. The Commission or any of its members or deputies...
§ 65.2-705. Review of award; rehearing - A. If an application for review is made to the...
§ 65.2-706. Conclusiveness of award; appeal - A. The award of the Commission, as provided in §...
§ 65.2-706.1. Estoppel effect of a Virginia Workers' Compensation Commission determination of employment status - A final, unappealed award by the Virginia Workers' Compensation Commission...
§ 65.2-706.2. Claims not barred - No order issued by the Commission awarding or denying benefits...
§ 65.2-707. Interest on appealed award - An award entered by the Commission shall take effect on...
§ 65.2-708. Review of award on change in condition - A. Upon its own motion or upon the application of...
§ 65.2-709. Cost of living supplements for total incapacity and dependents of deceased - A. Cost of living supplements shall be payable under this...
§ 65.2-710. Enforcement, etc., of orders and awards - Orders or awards of the Commission may be recorded, enforced,...
§ 65.2-711. Reporting of address change by employee; suspension of payment of benefits - So long as an employee is entitled to payment of...
§ 65.2-712. Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition - So long as an employee or statutory dependent pursuant to...
§ 65.2-713. Costs - A. If the Commission or any court before whom any...
§ 65.2-714. Fees of attorneys and physicians and hospital charges - A. Fees of attorneys and physicians and charges of hospitals...
§ 65.2-715. Providing written information - Whenever, in the course of proceedings in connection with awards,...
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...
§ 65.2-801. Insurance or proof of financial ability to pay required - A. Every employer subject to this title shall secure his...
§ 65.2-802. Requirements for licensure as group self-insurance association; annual assessment - A. Two or more employers having a common interest may...
§ 65.2-803. Administrator and service company affiliation prohibited; exception - A. No person, firm or corporation, which is engaged as...
§ 65.2-803.1. Requirements for registration as professional employer organization; annual assessment - A. Any business entity desiring to engage in the business...
§ 65.2-804. Evidence of compliance with title; notices of cancellation of insurance - A. 1. Each employer subject to this title shall file...
§ 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...
§ 65.2-806. Criminal penalties - In addition to the civil penalties assessed pursuant to §...
§ 65.2-807. Cost of insurance may not be deducted from wages - It shall not be lawful for any employer to deduct...
§ 65.2-808. Self-insurance certificate - Whenever an employer has complied with the provisions of §...
§ 65.2-809. Constructive notice to, jurisdiction of, and awards, etc., binding upon insurer - All policies insuring the payment of compensation under this title...
§ 65.2-810. How formal notice may be given - Whenever by this title or the terms of any policy...
§ 65.2-811. Liability of insurer - No policy of insurance against liability arising under this title...
§ 65.2-812. Subrogation of insurance carrier to employer's rights; compromise - When any employer is insured against liability for compensation with...
§ 65.2-813. Insurance deemed subject to title; approval of forms - Every policy for the insurance of the compensation herein provided...
§ 65.2-813.1. Insurers offering policies with deductibles - Every insurer against liability arising under this title offering and...
§ 65.2-813.2. Premium discounts; drug-free workplace programs - Every insurer providing coverage pursuant to this title shall provide...
§ 65.2-814. Insurer to furnish written evidence of coverage on request - Upon request of its insured, every insurer against liability arising...
§ 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...
§ 65.2-816. Title not applicable to boiler, etc., insurance - This title shall not apply to policies of insurance against...
§ 65.2-817. Rates; cooperation between State Corporation Commission and Workers' Compensation Commission - Authority is hereby conferred upon the State Corporation Commission to...
§ 65.2-818. Minimum standards of service for insurers - The State Corporation Commission in cooperation with the Workers' Compensation...
§ 65.2-819. Penalty for violation of certain provisions - Any person or persons who shall in this Commonwealth (i)...
§ 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...
§ 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...
§ 65.2-821.1. Payment and reimbursement practices; prohibitions - A. As used in this section, unless the context requires...
§ 65.2-822. Action by State Corporation Commission upon application - The State Corporation Commission may, if in its judgment it...
§ 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...
§ 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...
Chapter 9 - Reports and Records
§ 65.2-900. Records and reports of accidents - A. Every employer shall keep a record of all injuries...
§ 65.2-901. Report of number of employees, hours of work, etc. - Every employer shall upon request of the Commission report the...
§ 65.2-902. Failure to make required reports; civil penalty - A. Any employer, insurance carrier, self-insurer, group self-insurance association, or...
§ 65.2-903. Records not public - The records of the Commission, insofar as they refer to...
Chapter 10 - Administrative Fund and Tax Therefor
§ 65.2-1000. Tax for administrative fund - For the purpose of paying the salaries and necessary expenses...
§ 65.2-1001. Returns - A. Every such insurance carrier shall, for the twelve months...
§ 65.2-1002. Payment of tax - Every insurance carrier required to make such return shall file...
§ 65.2-1003. Failure to file return - If any such insurance carrier shall fail or refuse to...
§ 65.2-1004. Withdrawal from business or failure to pay tax - If any such insurance carrier shall withdraw from business in...
§ 65.2-1005. Tax exclusive of other taxes - Any insurance carrier liable to pay a tax upon premiums...
§ 65.2-1006. Payroll reports of self-insurers and tax thereon; withholding or providing false or misleading information - A. Every employer carrying his own risk under the provisions...
§ 65.2-1007. Disposition of fund - Upon receiving the payments required by § 65.2-1002, the Comptroller...
§ 65.2-1008. When fund in excess of requirement - If it be ascertained that the tax collected exceeds the...
Chapter 11 - Second Injury Fund
§ 65.2-1100. Fund created - There is hereby created a fund to be known as...
§ 65.2-1101. Funding - A. For the purpose of providing funds for compensation for...
§ 65.2-1102. Disability defined - For the purpose of this chapter, disability shall mean: (i)...
§ 65.2-1103. When awards entered - The Commission shall enter awards against the Second Injury Fund...
§ 65.2-1104. Award for compensation, medical treatment and vocational rehabilitation - Upon a determination by the Commission that an employer or...
§ 65.2-1105. Payments by fraud, mistake or improper processing of claim; recovery - Any payment to the employer or carrier pursuant to this...
§ 65.2-1106. Claims and hearings - Claims against the Second Injury Fund and any hearings on...
Chapter 12 - Uninsured Employer's Fund
§ 65.2-1200. Fund created - There is hereby created a fund to be known as...
§ 65.2-1201. Financing; tax - A. For the purpose of providing funds for compensation benefits...
§ 65.2-1202. Defense of claims against fund by Attorney General - Upon being notified by the Commission that a claim is...
§ 65.2-1203. Awards - A. 1. Whenever, following due investigation of a claim for...
§ 65.2-1204. Subrogation and recoupment - The Commission shall, upon payment of a claim from the...
§ 65.2-1205. Notification of change in earnings; change in award - The burden shall be upon the claimant to immediately notify...
§ 65.2-1206. Payments procured by fraud, mistake or unreported change in condition; recovery - Any payment to a claimant pursuant to this chapter which...
Chapter 13 - Peer Review of Medical Costs
§ 65.2-1300. Repealed - Repealed by Acts 2016, cc. 279 and 290, cl. 3,...