§ 65.2-1200. Fund created

There is hereby created a fund to be known as the “Uninsured Employer’s Fund” to be administered, maintained and disbursed by the Commission as hereinafter provided. 1977, c. 345, § 65.1-146; 1991, c. 355.

§ 65.2-1201. Financing; tax

A. For the purpose of providing funds for compensation benefits awarded against any uninsured or self-insured employer under any provision of this chapter, a tax not to exceed one-half of one percent shall be assessed, collected and paid into the state treasury by the same persons and in the same manner as set forth in […]

§ 65.2-1202. Defense of claims against fund by Attorney General

Upon being notified by the Commission that a claim is pending before it against an employer who has not complied with the provisions of § 65.2-801, the Attorney General, or his designee, may, in his discretion, appear before the Commission and defend any claim against the Uninsured Employer’s Fund. A decision on the part of […]

§ 65.2-1203. Awards

A. 1. Whenever, following due investigation of a claim for compensation benefits, the Commission determines that (i) the employer of record has failed to comply with the provisions of § 65.2-801 or that a self-insured employer or its surety as required by § 65.2-801 is unable to satisfy an award in whole or in part, […]

§ 65.2-1204. Subrogation and recoupment

The Commission shall, upon payment of a claim from the Uninsured Employer’s Fund, be subrogated to any right to recover damages which the injured employee or his personal representative or any other person may have against his employer or any other party for such injury or death. The Commission shall, on behalf of the Uninsured […]

§ 65.2-1205. Notification of change in earnings; change in award

The burden shall be upon the claimant to immediately notify the Commission in writing of any increase or decrease in his earnings. After ten days’ notice to the claimant and the Attorney General, the Commission may, upon its own motion or upon the motion of any party in interest, modify or terminate an award as […]

§ 65.2-1206. Payments procured by fraud, mistake or unreported change in condition; recovery

Any payment to a claimant pursuant to this chapter which is later determined by the Commission to have been procured by fraud, mistake or an unreported change in condition, shall be recovered from the claimant and credited to the Uninsured Employer’s Fund. 1977, c. 345, § 65.1-152; 1991, c. 355.