SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2002 SESSION
026182852Whereas, Ricki A. Vick and Michele S. Vick and their daughter, Caroline E. Vick, reside in the Town of Vienna in Fairfax County, Virginia; and
Whereas, in the course of her birth on December 25, 1998, Caroline Vick was deprived of an adequate supply of oxygen; and
Whereas, as a result of the oxygen deprivation during the birth, Caroline Vick suffers from spastic quadriparesis and cerebral palsy, and is permanently physically and mentally disabled; and
Whereas, such disability causes Caroline to be permanently in need of assistance in all activities of daily living; and
Whereas, Ricki and Michele Vick filed a claim on Caroline's behalf with the Virginia Worker's Compensation Commission (the Commission) under the Virginia Birth-Related Neurological Injury Compensation Act; and
Whereas, the Commission determined that Caroline's injury was a birth-related neurological injury, ruled that she was entitled to compensation from the Birth-Related Neurological Injury Compensation Fund; and
Whereas, the Commission's award provides Caroline with compensation for the (i) actual medically necessary and reasonable expenses of hospital, rehabilitative, residential and custodial care and service, special equipment or facilities, and related travel to be paid as the expenses are incurred, (ii) loss of earnings beginning on Caroline's eighteenth birthday, and (iii) reasonable expenses incurred in connection with filing their claim; and
Whereas, on January 1, 2000, the Birth-Related Neurological Injury Compensation Program (the Program) reduced the housing benefit to provide one-time funds for an accessible bedroom and bathroom if such modifications prove feasible and reasonable; and
Whereas, it has been determined that a different residence with extensive accommodations is medically necessary for Caroline to (i) be suitable for her severe physical disabilities and total needs, (ii) provide her an optimal environment conducive to family life, and (iii) provide a safe, covered parking garage equipped with a wheelchair ramp; and
Whereas, by letter dated January 2, 2001, the Vicks requested the board of directors of the Program to provide a home in trust for Caroline, as their current home cannot be fully and properly modified to provide the medically necessary residence in which Caroline can be safely and responsibly cared for; and
Whereas, by letter dated January 23, 2001, the chair of the board of directors of the Program summarily denied their request; and
Whereas, Caroline will have reached her third birthday, on December 25, 2001, an actuarially significant milestone indicating that her risk of premature death is now much less than that of claimants less than three years of age; and
Whereas, Caroline continues to grow and thrive, creating physical handling problems for her caregivers at risk for injury during exchanges from her bed, changing station, bathtub, wheelchair, etc.; and
Whereas, pursuant to subsection F of § 38.2-5016 of the Code of Virginia, the board of directors of the Program has the power, in the course of administering the Fund, to purchase, hold, sell or transfer real property; and
Whereas, until this issue is resolved, the Vicks continue to (i) carry Caroline up and down one flight of stairs, thereby incurring risk of injury to them and to Caroline, (ii) transport Caroline in inclement weather conditions because there is no covered parking garage with a wheelchair ramp, and (iii) suffer emotional distress and uncertainty; and
Whereas, the board, by denying the Vicks' request to provide a home in trust for Caroline is denying Caroline a medically necessary residence that accommodates her physical disabilities and is in violation of the Commission's award of actual medically necessary and reasonable expenses for residential and custodial care and service, special equipment or facilities; and
Whereas, Ricki A. Vick, Michele S. Vick and Caroline E. Vick have no other means to obtain adequate relief except by action of this body; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Birth-Related Neurological Injury Compensation Program is
directed to provide, from funds in the Birth-Related Neurological Injury
Compensation Fund, a trust for Caroline E. Vick. Such Trust shall be provided
within sixty days of the effective date of this act for the exclusive purpose
of [ residence purchase, or lot to build a residence purchasing a residence or
purchasing a lot and all expenses of constructing a residence on such lot ] ,
with accommodations for Caroline E. Vick's disabilities. The funds that will be made
available in the trust shall (i) be sufficient for a residence in a comparable neighborhood to
that in which the Vicks now reside, (ii) be commensurate with the real estate
market conditions, and (iii) fully accommodate the special needs of Caroline E.
Vick. [ The establishment of the trust shall occur upon execution of a release
of all claims Ricki A. Vick, Michele S. Vick and Caroline E. Vick may have
against the Commonwealth or any agency, instrumentality, office, employee or
political subdivision in connection with the aforesaid occurrence. The Fund
shall pay all attorney fees and administrative fees or costs related to establishing the trust for
Caroline E. Vick. ]