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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-708 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-708. Review of award on change in condition.
A. Upon its own motion or upon the application of any party in
interest, on the ground of a change in condition, the Commission may review any
award of compensation and on such review may make an award ending,
diminishing or increasing the compensation previously awarded, subject to the
maximum or minimum provided in this title, and shall immediately send to the parties
a copy of the award. No application filed by a party alleging a change in
condition shall be docketed for hearing by the Commission unless any medical
reports upon which the party is relying are submitted to the Commission. No
such review shall affect such award as regards any moneys paid except pursuant
to §§ 65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after
twenty-four 24 months from the last day for which compensation was
paid, pursuant to an award under this title, except: (i) thirty-six
36 months from the last day for which compensation was paid shall be
allowed for the filing of claims payable under § 65.2-503 and certain claims
under subsection B of § 65.2-406 or (ii) twenty-four 24 months
from the day that the claimant undergoes any surgical procedure compensable
under § 65.2-603 to repair or replace a prosthesis or orthosis.
B. In those cases where no compensation has been paid, the
Commission may make an award under § 65.2-503 within thirty-six 36
months from the date of the accident.
C. All wages paid, for a period not exceeding twenty-four
24 consecutive months, to an employee (i) who is physically unable to
return to his pre-injury work due to a compensable injury and (ii) who is
provided work within his capacity at a wage equal to or greater than his
pre-injury wage, shall be considered compensation paid pursuant to an
award for compensation but shall not result in a reduction of the maximum
number of weeks of compensation benefits as described in §§ 65.2-500 and 65.2-518.