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.

2005 SESSION

• | print version

SB 1323 Birth-Related Neurological Injury Compensation Act; procedures for response to claimant's petition.

Introduced by: Jeannemarie D. Davis | 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. HB 1505 is identical.

SUMMARY AS PASSED SENATE:

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 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.

SUMMARY AS INTRODUCED:

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 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. The measure defines oxygen deprivation. Where the infant's birth weight is 1,800 grams or fewer, a rebuttable presumption shall arise that the injury alleged is not a birth-related injury, but resulted from the premature birth. Finally, the measure clarifies that the rebuttable presumption that a brain or spinal cord injury is a birth-related neurological injury only arises when the deprivation of oxygen or mechanical injury occurs in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital.