§ 65.2-1105. Payments by fraud, mistake or improper processing of claim; recovery
Any payment to the employer or carrier pursuant to this chapter which is later determined by the Commission to have been procured through fraud, mistake or the improper processing of the claim by the carrier shall be recovered from the employer or carrier and credited to the Second Injury Fund. Any subrogation recoveries or other […]
§ 65.2-1106. Claims and hearings
Claims against the Second Injury Fund and any hearings on the merits of such claims shall be within the time limits and in the manner otherwise provided for workers’ compensation claims. All claims against the Second Injury Fund shall be defended by the Attorney General. 1975, c. 365, § 65.1-145; 1991, c. 355.
§ 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.
§ 65.2-1101. Funding
A. For the purpose of providing funds for compensation for disability as hereinafter defined, medical treatment and vocational rehabilitative services, a tax of one quarter 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 Chapter 10 (§ 65.2-1000 […]
§ 65.2-1102. Disability defined
For the purpose of this chapter, disability shall mean: (i) the partial or total loss or loss of use of an arm, hand, leg, foot, eye, finger, toe, or any combination of two or more thereof in an industrial accident and (ii) actual incapacity for work at the claimant’s average weekly wage. 1975, c. 365, […]
§ 65.2-1103. When awards entered
The Commission shall enter awards against the Second Injury Fund in favor of an employer or carrier only upon a finding that: (i) the employee has prior loss or loss of use, supported by medical evidence, of not less than twenty percent of one or more of the members set out in § 65.2-1102; (ii) […]
§ 65.2-1104. Award for compensation, medical treatment and vocational rehabilitation
Upon a determination by the Commission that an employer or carrier has paid compensation, medical expenses or vocational rehabilitation services on behalf of an employee under circumstances as set forth under § 65.2-1103 and if notice of a claim against the Second Injury Fund was given prior to payment of the benefits, the Commission shall […]
§ 65.2-1006. Payroll reports of self-insurers and tax thereon; withholding or providing false or misleading information
A. Every employer carrying his own risk under the provisions of § 65.2-801 and every employer member of a licensed group self-insurance association shall, under oath, report to the Workers’ Compensation Commission his payroll subject to the provisions of this title. Such report shall be made in form prescribed by the Commission and at the […]
§ 65.2-1007. Disposition of fund
Upon receiving the payments required by § 65.2-1002, the Comptroller shall place the whole thereof to the credit of the fund for the administration of this title. Such fund shall not be used for any other purpose, except as hereinafter expressly provided. The Workers’ Compensation Commission shall administer the fund to carry out the provisions […]
§ 65.2-1008. When fund in excess of requirement
If it be ascertained that the tax collected exceeds the total chargeable against the maintenance fund under the provisions of this title, the Workers’ Compensation Commission shall authorize a corresponding credit upon the collection for any year or make refunds of taxes collected in such amounts as are necessary to maintain a fund balance not […]