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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-524 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-524. Failure to pay compensation within two weeks after it becomes due.
If any payment is not paid within two weeks after it becomes
due, there shall be added to such unpaid compensation an amount equal to twenty
20 percent thereof, unless the Commission finds that any required
payment has been made as promptly as practicable and (i) there is good cause
outside the control of the employer for the delay or (ii) in the case of a
self-insured employer, the employer has issued the required payment to the
employee as a part of the next regular payroll after the payment becomes due.
No such penalty shall be added, however, to any payment made within two weeks
after the expiration of (i) (a) the period in which Commission
review may be requested pursuant to § 65.2-705 or (ii) (b) the
period in which a notice of appeal may be filed pursuant to § 65.2-706. No
penalty shall be assessed against the Commonwealth when the Commonwealth has
issued a regular payroll check payment to the employee in lieu of
compensation covering the period of disability. As used in this section, a
regular payroll payment issued by the Commonwealth includes payments issued net
of deductions for elected and mandatory benefits and other standard deductions.