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Code of Virginia

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Code of Virginia
Title 65.2. Workers' Compensation
Chapter 11. Second Injury Fund
10/12/2024

§ 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 enter an award from the Second Injury Fund in favor of such employer or carrier for: (i) reimbursement on a pro rata basis of the compensation paid for further disability as set forth in clause (v) of § 65.2-1103, such prorating to be computed according to the number of weeks each impairment is allowed under the schedule in § 65.2-503; (ii) reimbursement of reasonable medical expenses on the same basis as set forth in subdivision (i) of this section, provided the second injury is to the same previously impaired member but such reimbursement shall not exceed $7,500; and (iii) reimbursement of reasonable vocational rehabilitation training service on the same basis as set forth in subdivision (i) of this section but said reimbursement not to exceed $7,500.

1980, c. 599, § 65.1-142.1; 1991, c. 355.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.