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2005 SESSION

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HB 1505 Birth-Related Neurological Injury Compensation Act; changes.

Introduced by: Robert Tata | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Birth-Related Neurological Injury Compensation Program.  Establishes that the Birth-Related Neurological Injury Compensation Program's response to a claimant's petition is not due until 10 days after the three-physician panel's report is filed with the Workers' Compensation Commission.  Upon the filing of the Program's response, the Commission shall set the hearing date, which shall be no sooner than 15 and no later than 90 days after the filing of the Program's response.  SB 1323 is identical.

SUMMARY AS PASSED HOUSE:

Virginia Birth-Related Neurological Injury Compensation Fund. Provides for revised filing dates and establishes a new presumption based on birth weight. The Program shall file its response to a petition 10 days after the medical panel has filed its report with the Commission. Where the infant's birth weight is 1,800 grams or fewer, or is at less than 32 weeks gestation, a rebuttable presumption shall arise that the injury alleged is not a birth-related injury, but resulted from the premature birth.

SUMMARY AS INTRODUCED:

Virginia Birth-Related Neurological Injury Compensation Fund.  Provides for revised filing dates and establishes a new presumption based on birth weight.  The Program shall file its response to a petition 10 days after the medical panel has filed its report with the Commission.  Where the infant's birth weight is 2,000 grams or fewer, a rebuttable presumption shall arise that the injury alleged is not a birth-related injury, but resulted from the premature birth.