Administrative Code

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Virginia Administrative Code
Title 16. Labor And Employment
Agency 30. Virginia Workers' Compensation Commission
Chapter 50. Rules of the Virginia Workers' Compensation Commission

16VAC30-50-50. Rule  4. Filing documents.

A. Agreements. All agreements as to payment of compensation shall be reduced to writing by the employer and promptly filed with the commission. If the claim is denied the employer shall notify the employee and the commission promptly in writing.

If an agreement is offered to a claimant by the carrier, and the agreement is signed and returned unchanged to the carrier within 14 days, then the carrier must either reject the agreement in writing or sign and file the agreement with the commission within 14 days of its receipt or be subject to the penalties from § 65.2-701 B of the Code of Virginia.

B. Medical reports.

Each party shall promptly provide the other parties with copies of any medical records each party receives as each party receives them. Copies may be provided electronically, by postal mail, or by facsimile transmission. Unless otherwise directed by the commission or this chapter, the parties shall not file medical records with the commission until a hearing request is filed. The requesting party shall promptly file medical records supporting the request if applicable. After a hearing request has been filed, the parties shall file with the commission only medical records that are related to the hearing request.

Without leave of the commission, the parties shall not file with the commission any of the following medical records.

1. Laboratory reports;

2. Routine nursing notes;

3. X-rays or other diagnostic imagery films (except in pulmonary cases);

4. Physical therapy records;

5. Routine hospital patient observation notes; and

6. Health provider bills or statements of account (unless the claim is brought by a health care provider or the application seeks payment of specific medical expenses).

Medical records filed in accordance with this section shall be filed upon receipt by the party filing them, and they are required reports subject to the provisions of § 65.2-902 of the Code of Virginia.

A party is not required to file copies of medical records that another party has already filed.

A health care provider attending an injured employee shall upon request furnish a copy of the medical reports at no cost except for a nominal copying charge.

A health care provider is entitled to a reasonable fee for preparation of a narrative report written in response to a request from a party if the report requires significant professional research or preparation.

Statutory Authority

§ 65.2-201 of the Code of Virginia.

Historical Notes

Derived from VR405-01-06, Rule 4, eff. January 1, 1994; amended Virginia Register Volume 40, Issue 7, eff. January 4, 2024.

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