Review of award on change in condition (§ 65.2-708)—Virginia Decoded

Review of award on change in condition

A. Upon its own motion or upon the application of any party in interest, on the ground of a change in condition, the Commission may review any award of compensation and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this title, and shall immediately send to the parties a copy of the award. No application filed by a party alleging a change in condition shall be docketed for hearing by the Commission unless any medical reports upon which the party is relying are submitted to the Commission. No such review shall affect such award as regards any moneys paid except pursuant to §§ 65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after 24 months from the last day for which compensation was paid, pursuant to an award under this title, except: (i) 36 months from the last day for which compensation was paid shall be allowed for the filing of claims payable under § 65.2-503 and certain claims under subsection B of § 65.2-406 or (ii) 24 months from the day that the claimant undergoes any surgical procedure compensable under § 65.2-603 to repair or replace a prosthesis or orthosis.

B. In those cases where no compensation has been paid, the Commission may make an award under § 65.2-503 within 36 months from the date of the accident.

C. All wages paid, for a period not exceeding 24 consecutive months, to an employee (i) who is physically unable to return to his pre-injury work due to a compensable injury and (ii) who is provided work within his capacity at a wage equal to or greater than his pre-injury wage shall be considered compensation paid pursuant to an award for compensation but shall not result in a reduction of the maximum number of weeks of compensation benefits as described in §§ 65.2-500 and 65.2-518.

History

Code 1950, § 65-95; 1964, c. 209; 1968, c. 660, § 65.1-99; 1972, c. 229; 1975, c. 365; 1977, cc. 345, 380; 1985, c. 453; 1988, c. 518; 1989, cc. 313, 324, 552, § 65.1-55.1; 1991, c. 355; 2013, c. 445.

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Court Decisions

Williams v. People's Life Ins. Co. (COA, 01/17/95)
. . . governed by the limitation period found in Code § 65.2-708. We disagree. . . .

Collins v. Dept. of Alcoholic Bev. Con. (COA, 03/22/96)
. . . finding of mutual mistake of fact and that Code §§ 65.2-708 and -712 prohibit retrospective . . .

Ford Motor Co. v. Gordon (SCV, 04/21/11)
. . . provision in Code § 65.2-708(C) tolling the statute of limitations set out in Code § 65.2-708(A) . . .

Henrico v. Taylor (COA, 01/23/01)
. . . two-year statute of limitations established by Code § 65.2-708.[1] . . .

Diaz v. WILDERNESS RESORT ASS'N (COA, 04/20/10)
. . . provisions of Code § 65.2-708. It reasoned as follows: . . .

Mayberry v. Alcoa Bldg. Products (COA, 03/08/94)
. . . to seek review of an award is set out in Code § 65.2-708(A), which provides that "the Commission . . .

PRINCE WILLIAM COUNTY SCHOOL BD. v. Rahim (COA, 07/12/11)
. . . . Code § 65.2-708 . . .

Virginia Intern. Terminals v. Moore (COA, 05/14/96)
. . . of former Code § 65.1-99, now Code § 65.2-708. Code § 65.2-708(A) reads, in pertinent part, as . . .

Lynchburg Foundry Co. v. McDaniel (COA, 04/16/96)
. . . of the earlier claim. Unlike Code § 65.2-708(A), Code § 65.2-708(B) does not require the . . .

Gordon v. Ford Motor Co. (COA, 12/15/09)
. . . limitations under Code § 65.2-708(A), and thus the claim was untimely. . . .

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