CODE OF VIRGINIA

MOTION FOR JUDGMENT; MOTION TO REFER; VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY
COMPENSATION ACT (§ 8.01-273.1)

A. In any civil action, where a party, who is a participating hospital or
physician as defined in § 38.2-5001, moves to refer a cause of action to the
Workers’ Compensation Commission for the purposes of determining whether
the cause of action satisfies the requirements of the Virginia Birth-Related
Neurological Injury Compensation Act (§ 38.2-5000 et seq.), the court shall
forward the motion to refer together with a copy of the motion for judgment to
the Commission and stay all proceedings on the cause of action pending an award
and notification by the Commission of its disposition; provided, however, that
the motion to refer the cause of action to the Workers’ Compensation
Commission shall be filed no later than 120 days after the date of filing a
grounds of defense by the party seeking the referral.

B. Upon entry of the order of referral by the court, the clerk of the circuit
court shall file with the Workers’ Compensation Commission within thirty
days a copy of the motion for judgment and the responsive pleadings of all the
parties to the action. The clerk shall copy all counsel of record in the civil
action on the transmittal letter accompanying the materials being filed with the
Workers’ Compensation Commission. All parties to the civil action shall be
entitled to participate before the Commission upon filing a notice of appearance
with the Clerk of the Commission within twenty-one days after receipt of the
transmittal letter to the clerk of the circuit court. Notwithstanding the
provisions of § 32.1-127.1:03, the moving party shall provide the Commission
with an original and five copies of the following: appropriate assessments,
evaluations, and prognoses and such other records obtained during discovery and
are reasonably necessary for the determination of whether the infant has
suffered a birth-related neurological injury. The medical records and the
pleadings referenced in this subsection shall constitute a petition as
referenced in § 38.2-5004. The moving party shall be reimbursed for all copying
costs upon entry of an award of benefits as referenced in § 38.2-5009.

HISTORY: 1999, c. 822; 2000, c. 207.