Virginia Workers' Compensation: Law and Practice

CHAPTER 1 HISTORY AND DEVELOPMENT OF WORKERS' COMPENSATION LAW
§ 1.01 Introduction
§ 1.02 Development of the Modern Compensation System
§ 1.03 The Virginia Act
CHAPTER 2 EMPLOYEES, EMPLOYERS, COVERAGE
PART 1: WHO IS COVERED BY THE ACT
§ 2.01 Virginia and Foreign Injuries
§ 2.02 Voluntary Coverage
§ 2.03 Required Coverage
§ 2.04 Who Is an Employee
§ 2.05 Who Is an Employer
§ 2.06 Exempt Employers-Employees
§ 2.07 Independent Contractors
§ 2.08 Special Employment Situations
§ 2.09 Uninsured Employer's Fund
PART 2: PUBLIC EMPLOYEES
§ 2.10 In General
§ 2.11 Commonwealth of Virginia Positions
§ 2.12 Municipal and Local Government Positions
§ 2.13 Jail Officers and Superintendents
§ 2.14 National Guard, Virginia Naval Militia, Virginia Defense Force, United States Civil Defense Force
§ 2.15 Volunteer Firefighters, Volunteer Life Saving and Rescue Squad Members, and Similar Volunteers
PART 3: PRESUMPTION OF APPLICABILITY OF ACT
§ 2.16 In General
§ 2.17 Employer May Voluntarily Elect to Be Under Act
§ 2.18 Duty to Insure or Self-Insure
§ 2.19 Ways to Insure
§ 2.20 Notice of Cancellation or Nonrenewal
§ 2.21 Civil Penalty
§ 2.22 Criminal Penalty
§ 2.23 Election of Compensation or Civil Suit
§ 2.24 Employee Is Not Required to Elect Remedy
PART 4: WHAT DOES IT MEAN TO BE UNDER THE ACT
§ 2.25 Exclusiveness of Remedy
§ 2.26 Immunity of Co-Employees
CHAPTER 3 BENEFITS
§ 3.01 In General
§ 3.02 Average Weekly Wage
§ 3.03 Maximum and Minimum Compensation Rates
§ 3.04 500 Week Limitation on Total Compensation
§ 3.05 Waiting Period
§ 3.06 Direct Payment
§ 3.07 Successive Injuries in Same Employment
§ 3.08 Typical Workers's Compensation Case
§ 3.09 Temporary Total Incapacity Benefits
§ 3.10 Temporary Partial Incapacity Benefits
§ 3.11 Permanent and Total Incapacity Benefits
§ 3.12 Permanent Partial Benefits
§ 3.13 Death Benefits
§ 3.14 Funeral and Transportation Expenses
§ 3.15 Cost-of-Living Supplements
§ 3.16 Medical Benefits
§ 3.17 Peer Review
§ 3.18 Medical Malpractice
§ 3.19 Vocational Rehabilitation Services
§ 3.20 Minors
§ 3.21 Mentally Incapacitated Persons
§ 3.22 Non-Assignability and Exemption from Creditor's Claims
CHAPTER 4 INJURY BY ACCIDENT—ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT
§ 4.01 Injury by Accident
§ 4.02 Arising Out of and In the Course of Employment
CHAPTER 5 OCCUPATIONAL DISEASE
§ 5.01 In General
§ 5.02 Occupational Disease and Ordinary Diseases of Life
§ 5.03 Occupational Disease Defined
§ 5.04 Ordinary Disease of Life Defined
§ 5.05 Regular Occupational Diseases
§ 5.06 Ordinary Diseases of Life
§ 5.07 Aggravations and Two Causes
§ 5.08 If an Occupational Disease or Ordinary Disease of Life Is Not Under the Act
§ 5.09 Date of the Accident
§ 5.10 Diagnosis and Communication of an Occupational Disease
§ 5.11 Notice to Employer
§ 5.12 Benefits
§ 5.13 What Employer and Carrier Are Liable
§ 5.14 Injurious Exposure
§ 5.15 Time Limit for Filing Claims for Occupational Disease
§ 5.16 Select Occupational Diseases
§ 5.17 Occupational Disease with Special Statutes
§ 5.18 Waiver of Benefits
CHAPTER 6 MARKETING, REFUSALS, RESPONSIBILITIES, AND RECOUPMENT OF BENEFITS
§ 6.01 In General
§ 6.02 Marketing Remaining Work Capacity
§ 6.03 Refusals
§ 6.04 Discharge for Justified and Unjustified Cause
§ 6.05 Responsibilities of the Injured Worker and Statutory Dependents
CHAPTER 7 NOTICE REQUIREMENT, STATUTE OF LIMITATIONS, AND FILING A CLAIM
§ 7.01 Overview of the Process
§ 7.02 Notice of the Accident or Occupational Disease
§ 7.03 What Occurs After an Accident or Occupational Disease Is Reported
§ 7.04 Statute of Limitations
§ 7.05 Filing a Claim for Benefits
CHAPTER 8 VOLUNTARY PAYMENT, DEFACTO AWARDS, AGREEMENTS AS TO COMPENSATION, REVISIONS OF PAYMENTS
§ 8.01 Voluntary Payment
§ 8.02 Recorded or Signed Statements of Employee
§ 8.03 Medical Reports and Hospital Records
§ 8.04 Independent Medical Evaluation
§ 8.05 Autopsy May Be Ordered
§ 8.06 Award Agreement
§ 8.07 De Facto Awards
§ 8.08 Effect of an Award
§ 8.09 Change in Condition
§ 8.10 Return to Work or Change in Wages
§ 8.11 Agreement to Terminate Compensation
§ 8.12 Agreement to Resumption or Amendment of Compensation
CHAPTER 9 THE CONTESTED CASE—PROCEDURES, HEARINGS, AND APPEALS
§ 9.01 The Contested Case
§ 9.02 Administrative Adjudication by the Workers' Compensation Commission
§ 9.03 Rules and Regulations
§ 9.04 Nature of Proceedings
§ 9.05 Parties
§ 9.06 Electronic Filing of Documents
§ 9.07 Claim for Benefits and Employer Application for Hearing
§ 9.08 The Virginia Workers' Compensation Commission File
§ 9.09 Hearings
§ 9.10 Pre-Hearing Process
§ 9.11 Discovery
§ 9.12 Witnesses
§ 9.13 Review of Pre-Hearing Decisions
§ 9.14 Sanctions
§ 9.15 Withdrawal of Claim, Non-Suits or Failure to Appear at Hearing
§ 9.16 Procedures at Evidentiary Hearings
§ 9.17 Review of Award
§ 9.18 Procedures for Appeals to the Court of Appeals
§ 9.19 Appeals to the Virginia Supreme Court
§ 9.20 Enforcement of Awards
CHAPTER 10 COMPROMISE SETTLEMENTS AND LUMP SUM PAYMENTS
§ 10.01 In General
§ 10.02 Compromise Settlements
§ 10.03 Redemption in a Lump Sum
CHAPTER 11 ATTORNEY'S FEES, MEDICAL CHARGES, INTEREST, AND COSTS
§ 11.01 Attorney and Medical Fees
§ 11.02 Benefits of Having an Attorney
§ 11.03 Attorneys
§ 11.04 Interest
§ 11.05 Charges for Medical, Surgical, and Hospital Services
§ 11.06 Stay of Debt Collection and "Balance Billing"
CHAPTER 12 EXCLUSIVE REMEDY, THIRD-PARTY ACTIONS AND STATUTORY SUBROGATION, WRONGFUL DISCHARGE
§ 12.01 Exclusive Remedy
§ 12.02 Employee's Exclusive Remedy
§ 12.03 Fellow Servant Immunity
§ 12.04 Statutory Employees
§ 12.05 Other Parties
§ 12.06 Independent Contractors
§ 12.07 Employee of Subcontractor vs. General Contractor and "Supplier" Cases
§ 12.08 Employee of General Contractor vs. Subcontractor
§ 12.09 Third-Party Actions—Subrogation
§ 12.10 Third-Party Actions—Procedure and Distribution of Recovery
§ 12.11 Third-Party Actions—Apportionment of Attorney's fees and Costs
§ 12.12 Third-Party Actions—Medical Malpractice
§ 12.13 Wrongful Discharge
§ Index