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2011 SESSION

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HB 2170 Virginia Birth-Related Neurological Injury Compensation Program; parties' expenses.

Introduced by: Clarence E. Phillips | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Virginia Birth-Related Neurological Injury Compensation Program; parties' expenses. Prohibits the Workers' Compensation Commission from awarding attorney fees incurred in opposing a claimant's admission to the Birth-Related Neurological Injury Compensation Program. The measure also prohibits the award of attorney's fees and expenses incurred by any physician, hospital, or nurse midwife that is a party to a proceeding regarding admission to the Program, or their medical malpractice carrier, in a proceeding involving a birth-related neurological injury claim. The prohibitions on paying expenses do not apply to certain photocopying costs or compensation of the Office of the Attorney General.

SUMMARY AS INTRODUCED:

Virginia Birth-Related Neurological Injury Compensation Program; parties' expenses.  Prohibits the Workers' Compensation Commission from awarding attorney fees or other expenses incurred by any physician, hospital, or nurse midwife, or a medical malpractice carrier, in a proceeding involving a birth-related neurological injury under the Birth-Related Neurological Injury Compensation Act. The measure also prohibits awards reimbursing a claimant for attorney fees incurred in litigating issues related to the reasonableness of the claimant's attorney fees.