{"law_id":"772113","section_number":"65.2-524","catch_line":"Failure to pay compensation within two weeks after it becomes due","history":"1970, c. 470, \u00a7 65.1-75.1; 1991, c. 355; 1994, c. 248; 1997, c. 383; 1999, c. 782; 2012, c. 270.","order_by":null,"metadata":{"court_decisions":{"0":{"name":"Ratliff v. Carter MacHinery Co., Inc.","case_number":"1255023","citation":"575 S.E.2d 571","date":"2003-01-21","url":"https:\/\/www.courtlistener.com\/opinion\/1064376\/ratliff-v-carter-machinery-co-inc\/","abstract":" .\u202f.\u202f.  twenty percent statutory penalty under Code \u00a7 65.2-524 against Carter Machinery Co., Inc. and its .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"Cousar v. Peoples Drug Store","case_number":"1766974","citation":"496 S.E.2d 670","date":"1998-03-10","url":"https:\/\/www.courtlistener.com\/opinion\/1067022\/cousar-v-peoples-drug-store\/","abstract":" .\u202f.\u202f. percent penalty against employer pursuant to Code \u00a7 65.2-524 for failure to make payment within two .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"2":{"name":"Lam v. Kawneer Company, Inc.","case_number":"3158014","citation":"566 S.E.2d 874","date":"2002-07-30","url":"https:\/\/www.courtlistener.com\/opinion\/1064586\/lam-v-kawneer-company-inc\/","abstract":" .\u202f.\u202f. at all times after April 11, 1994. .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"3":{"name":"McCarthy Elec. Co., Inc. v. Foster","case_number":"Record No. 2261-92-4","citation":"437 S.E.2d 246","date":"1993-11-23","url":"https:\/\/www.courtlistener.com\/opinion\/1297294\/mccarthy-elec-co-inc-v-foster\/","abstract":" .\u202f.\u202f. percent penalty, under Code \u00a7 65.1-75.1 (now \u00a7 65.2-524), for all compensation unpaid within two .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"4":{"name":"Washington v. United Parcel Service","case_number":"1168023","citation":"576 S.E.2d 791","date":"2003-02-25","url":"https:\/\/www.courtlistener.com\/opinion\/1064343\/washington-v-united-parcel-service\/","abstract":" .\u202f.\u202f. Fire Insurance Company (UPS), pursuant to Code \u00a7 65.2-524, for failing to pay Washington certain .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"5":{"name":"Roman v. Ondeo Degremont, Inc.","case_number":"1690052","citation":"627 S.E.2d 539","date":"2006-03-28","url":"https:\/\/www.courtlistener.com\/opinion\/1063263\/roman-v-ondeo-degremont-inc\/","abstract":" .\u202f.\u202f. recent commission decisions concluding that Code \u00a7 65.2-524&#39;s provisions regarding penalties .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"6":{"name":"Odin, Inc. v. Price","case_number":"2152951","citation":"474 S.E.2d 162","date":"1996-08-20","url":"https:\/\/www.courtlistener.com\/opinion\/1067820\/odin-inc-v-price\/","abstract":" .\u202f.\u202f. percent penalty against employer pursuant to Code \u00a7 65.2-524. Employer contends that the commission .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"7":{"name":"Washington v. UPS OF AMERICA","case_number":"030637","citation":"593 S.E.2d 229","date":"2004-03-05","url":"https:\/\/www.courtlistener.com\/opinion\/1059111\/washington-v-ups-of-america\/","abstract":" .\u202f.\u202f. Counsel, referring to the provisions of Code \u00a7 65.2-524, asked that the carrier be ordered to pay .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"8":{"name":"Newport News Shipbuilding v. Holmes","case_number":"0899011","citation":"555 S.E.2d 419","date":"2001-12-04","url":"https:\/\/www.courtlistener.com\/opinion\/1064855\/newport-news-shipbuilding-v-holmes\/","abstract":" .\u202f.\u202f.  of benefits. Additionally, pursuant to Code \u00a7 65.2-524, the deputy assessed a statutory penalty .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"9":{"name":"The Washington Post v. Fox","case_number":"1974064","citation":"644 S.E.2d 105","date":"2007-05-08","url":"https:\/\/www.courtlistener.com\/opinion\/1063049\/the-washington-post-v-fox\/","abstract":" .\u202f.\u202f. penalty on unpaid compensation pursuant to Code \u00a7 65.2-524. Employer contends the commission erred .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"}}},"court_decisions":{"0":{"name":"Ratliff v. Carter MacHinery Co., Inc.","case_number":"1255023","citation":"575 S.E.2d 571","date":"2003-01-21","url":"https:\/\/www.courtlistener.com\/opinion\/1064376\/ratliff-v-carter-machinery-co-inc\/","abstract":" .\u202f.\u202f.  twenty percent statutory penalty under Code \u00a7 65.2-524 against Carter Machinery Co., Inc. and its .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"Cousar v. Peoples Drug Store","case_number":"1766974","citation":"496 S.E.2d 670","date":"1998-03-10","url":"https:\/\/www.courtlistener.com\/opinion\/1067022\/cousar-v-peoples-drug-store\/","abstract":" .\u202f.\u202f. percent penalty against employer pursuant to Code \u00a7 65.2-524 for failure to make payment within two .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"2":{"name":"Lam v. Kawneer Company, Inc.","case_number":"3158014","citation":"566 S.E.2d 874","date":"2002-07-30","url":"https:\/\/www.courtlistener.com\/opinion\/1064586\/lam-v-kawneer-company-inc\/","abstract":" .\u202f.\u202f. at all times after April 11, 1994. .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"3":{"name":"McCarthy Elec. Co., Inc. v. Foster","case_number":"Record No. 2261-92-4","citation":"437 S.E.2d 246","date":"1993-11-23","url":"https:\/\/www.courtlistener.com\/opinion\/1297294\/mccarthy-elec-co-inc-v-foster\/","abstract":" .\u202f.\u202f. percent penalty, under Code \u00a7 65.1-75.1 (now \u00a7 65.2-524), for all compensation unpaid within two .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"4":{"name":"Washington v. United Parcel Service","case_number":"1168023","citation":"576 S.E.2d 791","date":"2003-02-25","url":"https:\/\/www.courtlistener.com\/opinion\/1064343\/washington-v-united-parcel-service\/","abstract":" .\u202f.\u202f. Fire Insurance Company (UPS), pursuant to Code \u00a7 65.2-524, for failing to pay Washington certain .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"5":{"name":"Roman v. Ondeo Degremont, Inc.","case_number":"1690052","citation":"627 S.E.2d 539","date":"2006-03-28","url":"https:\/\/www.courtlistener.com\/opinion\/1063263\/roman-v-ondeo-degremont-inc\/","abstract":" .\u202f.\u202f. recent commission decisions concluding that Code \u00a7 65.2-524&#39;s provisions regarding penalties .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"6":{"name":"Odin, Inc. v. Price","case_number":"2152951","citation":"474 S.E.2d 162","date":"1996-08-20","url":"https:\/\/www.courtlistener.com\/opinion\/1067820\/odin-inc-v-price\/","abstract":" .\u202f.\u202f. percent penalty against employer pursuant to Code \u00a7 65.2-524. Employer contends that the commission .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"7":{"name":"Washington v. UPS OF AMERICA","case_number":"030637","citation":"593 S.E.2d 229","date":"2004-03-05","url":"https:\/\/www.courtlistener.com\/opinion\/1059111\/washington-v-ups-of-america\/","abstract":" .\u202f.\u202f. Counsel, referring to the provisions of Code \u00a7 65.2-524, asked that the carrier be ordered to pay .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"8":{"name":"Newport News Shipbuilding v. Holmes","case_number":"0899011","citation":"555 S.E.2d 419","date":"2001-12-04","url":"https:\/\/www.courtlistener.com\/opinion\/1064855\/newport-news-shipbuilding-v-holmes\/","abstract":" .\u202f.\u202f.  of benefits. Additionally, pursuant to Code \u00a7 65.2-524, the deputy assessed a statutory penalty .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"9":{"name":"The Washington Post v. Fox","case_number":"1974064","citation":"644 S.E.2d 105","date":"2007-05-08","url":"https:\/\/www.courtlistener.com\/opinion\/1063049\/the-washington-post-v-fox\/","abstract":" .\u202f.\u202f. penalty on unpaid compensation pursuant to Code \u00a7 65.2-524. Employer contends the commission erred .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/65.2-524\/","refers_to":[{"id":"781785","section_number":"65.2-705","catch_line":"Review of award; rehearing","url":"\/65.2-705\/"},{"id":"783546","section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","url":"\/65.2-706\/"}],"url":"\/65.2-524\/","token":"65.2\/5\/65.2-524","structure":{"1":{"id":"1418","name":"Compensation And Payment Thereof","identifier":"5","label":"chapter","url":"\/65.2\/5\/"},"2":{"id":"370","name":"Workers' Compensation","identifier":"65.2","label":"title","url":"\/65.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"772113","structure_id":"1418","full_text":"If any payment is not paid within two weeks after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 percent thereof, unless the Commission finds that any required payment has been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as a part of the next regular payroll after the payment becomes due. No such penalty shall be added, however, to any payment made within two weeks after the expiration of (a) the period in which Commission review may be requested pursuant to \u00a7 65.2-705 or (b) the period in which a notice of appeal may be filed pursuant to \u00a7 65.2-706. No penalty shall be assessed against the Commonwealth when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. As used in this section, a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions.","text":{"0":{"id":"2488920","text":"If any payment is not paid within two weeks after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 percent thereof, unless the Commission finds that any required payment has been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as a part of the next regular payroll after the payment becomes due. No such penalty shall be added, however, to any payment made within two weeks after the expiration of (a) the period in which Commission review may be requested pursuant to \u00a7 65.2-705 or (b) the period in which a notice of appeal may be filed pursuant to \u00a7 65.2-706. No penalty shall be assessed against the Commonwealth when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. As used in this section, a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1418","name":"Compensation And Payment Thereof","identifier":"5","label":"chapter","url":"\/65.2\/5\/"},"2":{"id":"370","name":"Workers' Compensation","identifier":"65.2","label":"title","url":"\/65.2\/"}},"structure_contents":{"0":{"id":"785358","structure_id":"1418","section_number":"65.2-500","catch_line":"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","url":"\/65.2-500\/","token":"65.2\/5\/65.2-500"},"1":{"id":"781935","structure_id":"1418","section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501"},"2":{"id":"773558","structure_id":"1418","section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","url":"\/65.2-502\/","token":"65.2\/5\/65.2-502"},"3":{"id":"790808","structure_id":"1418","section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","url":"\/65.2-504\/","token":"65.2\/5\/65.2-504"},"4":{"id":"796158","structure_id":"1418","section_number":"65.2-505","catch_line":"Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer","url":"\/65.2-505\/","token":"65.2\/5\/65.2-505"},"5":{"id":"791207","structure_id":"1418","section_number":"65.2-506","catch_line":"Compensation after second injury in same employment","url":"\/65.2-506\/","token":"65.2\/5\/65.2-506"},"6":{"id":"784640","structure_id":"1418","section_number":"65.2-507","catch_line":"Same employment; when both injuries permanent","url":"\/65.2-507\/","token":"65.2\/5\/65.2-507"},"7":{"id":"781423","structure_id":"1418","section_number":"65.2-508","catch_line":"Foreign injuries","url":"\/65.2-508\/","token":"65.2\/5\/65.2-508"},"8":{"id":"788604","structure_id":"1418","section_number":"65.2-509","catch_line":"Commencement of compensation","url":"\/65.2-509\/","token":"65.2\/5\/65.2-509"},"9":{"id":"781513","structure_id":"1418","section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","url":"\/65.2-510\/","token":"65.2\/5\/65.2-510"},"10":{"id":"775507","structure_id":"1418","section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","url":"\/65.2-510.1\/","token":"65.2\/5\/65.2-510.1"},"11":{"id":"774953","structure_id":"1418","section_number":"65.2-511","catch_line":"Compensation to employee's distributees upon his death from any other cause","url":"\/65.2-511\/","token":"65.2\/5\/65.2-511"},"12":{"id":"790199","structure_id":"1418","section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","url":"\/65.2-512\/","token":"65.2\/5\/65.2-512"},"13":{"id":"791831","structure_id":"1418","section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","url":"\/65.2-513\/","token":"65.2\/5\/65.2-513"},"14":{"id":"781408","structure_id":"1418","section_number":"65.2-514","catch_line":"Special provisions for coal worker's pneumoconiosis claims for total disability or death","url":"\/65.2-514\/","token":"65.2\/5\/65.2-514"},"15":{"id":"768293","structure_id":"1418","section_number":"65.2-515","catch_line":"Persons conclusively presumed to be wholly dependent","url":"\/65.2-515\/","token":"65.2\/5\/65.2-515"},"16":{"id":"780899","structure_id":"1418","section_number":"65.2-516","catch_line":"Other cases of dependency","url":"\/65.2-516\/","token":"65.2\/5\/65.2-516"},"17":{"id":"791062","structure_id":"1418","section_number":"65.2-517","catch_line":"Termination of dependency","url":"\/65.2-517\/","token":"65.2\/5\/65.2-517"},"18":{"id":"775115","structure_id":"1418","section_number":"65.2-518","catch_line":"Limitation upon total compensation","url":"\/65.2-518\/","token":"65.2\/5\/65.2-518"},"19":{"id":"777440","structure_id":"1418","section_number":"65.2-519","catch_line":"When limitations inapplicable to injuries arising out of pneumoconiosis","url":"\/65.2-519\/","token":"65.2\/5\/65.2-519"},"20":{"id":"776802","structure_id":"1418","section_number":"65.2-520","catch_line":"Voluntary payment by employer","url":"\/65.2-520\/","token":"65.2\/5\/65.2-520"},"21":{"id":"792354","structure_id":"1418","section_number":"65.2-521","catch_line":"Time of payment","url":"\/65.2-521\/","token":"65.2\/5\/65.2-521"},"22":{"id":"773530","structure_id":"1418","section_number":"65.2-522","catch_line":"Lump sum payments, generally","url":"\/65.2-522\/","token":"65.2\/5\/65.2-522"},"23":{"id":"766365","structure_id":"1418","section_number":"65.2-523","catch_line":"Lump sum payments to trustees","url":"\/65.2-523\/","token":"65.2\/5\/65.2-523"},"24":{"id":"772113","structure_id":"1418","section_number":"65.2-524","catch_line":"Failure to pay compensation within two weeks after it becomes due","url":"\/65.2-524\/","token":"65.2\/5\/65.2-524"},"25":{"id":"784326","structure_id":"1418","section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","url":"\/65.2-525\/","token":"65.2\/5\/65.2-525"},"26":{"id":"771547","structure_id":"1418","section_number":"65.2-526","catch_line":"Payment to junior dependents in good faith","url":"\/65.2-526\/","token":"65.2\/5\/65.2-526"},"27":{"id":"770089","structure_id":"1418","section_number":"65.2-527","catch_line":"When employee's rights exercised by guardian or trustee","url":"\/65.2-527\/","token":"65.2\/5\/65.2-527"},"28":{"id":"781718","structure_id":"1418","section_number":"65.2-528","catch_line":"Time limitations on persons under disability","url":"\/65.2-528\/","token":"65.2\/5\/65.2-528"},"29":{"id":"781745","structure_id":"1418","section_number":"65.2-529","catch_line":"Joint service","url":"\/65.2-529\/","token":"65.2\/5\/65.2-529"},"30":{"id":"789382","structure_id":"1418","section_number":"65.2-530","catch_line":"Preferences and priorities","url":"\/65.2-530\/","token":"65.2\/5\/65.2-530"},"31":{"id":"794878","structure_id":"1418","section_number":"65.2-531","catch_line":"Assignments of compensation; exemption from creditors' claims","url":"\/65.2-531\/","token":"65.2\/5\/65.2-531"}},"previous_section":{"id":"766365","structure_id":"1418","section_number":"65.2-523","catch_line":"Lump sum payments to trustees","url":"\/65.2-523\/","token":"65.2\/5\/65.2-523"},"next_section":{"id":"784326","structure_id":"1418","section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","url":"\/65.2-525\/","token":"65.2\/5\/65.2-525"},"references":false,"formats":{"txt":"\/65.2-524.txt","json":"\/65.2-524.json","xml":"\/65.2-524.xml"},"dublin_core":{"Title":"Failure to pay compensation within two weeks after it becomes due","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-524","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nFAILURE TO PAY COMPENSATION WITHIN TWO WEEKS AFTER IT BECOMES DUE (\u00a7 65.2-524)\n\nIf any payment is not paid within two weeks after it becomes due, there shall be\nadded to such unpaid compensation an amount equal to 20 percent thereof, unless\nthe Commission finds that any required payment has been made as promptly as\npracticable and (i) there is good cause outside the control of the employer for\nthe delay or (ii) in the case of a self-insured employer, the employer has\nissued the required payment to the employee as a part of the next regular\npayroll after the payment becomes due. No such penalty shall be added, however,\nto any payment made within two weeks after the expiration of (a) the period in\nwhich Commission review may be requested pursuant to \u00a7 65.2-705 or (b) the\nperiod in which a notice of appeal may be filed pursuant to \u00a7 65.2-706. No\npenalty shall be assessed against the Commonwealth when the Commonwealth has\nissued a regular payroll payment to the employee in lieu of compensation\ncovering the period of disability. As used in this section, a regular payroll\npayment issued by the Commonwealth includes payments issued net of deductions\nfor elected and mandatory benefits and other standard deductions.\n\nHISTORY: 1970, c. 470, \u00a7 65.1-75.1; 1991, c. 355; 1994, c. 248; 1997, c. 383;\n1999, c. 782; 2012, c. 270."}