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2012 SESSION
12101127DBe 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.