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1996 SESSION

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960298727
SENATE BILL NO. 397 Offered January 22, 1996 A BILL to amend and reenact § 65.2-712 of the Code of Virginia, relating to workers' compensation; reporting obligations of persons receiving compensation benefits; statutory dependents. ----------
Patrons-- Reasor, Barry, Benedetti, Chichester, Colgan, Couric, Hawkins, Holland, Newman, Norment, Stosch, Wampler, Whipple and Woods; Delegates: Abbitt, Bloxom, Cox, Drake, Hargrove, Katzen, Moran, Nelms, Nixon, Puller, Purkey, Shuler, Tata, Wardrup and Watkins
---------- Referred to the Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That § 65.2-712 of the Code of Virginia is amended and reenacted as follows:

§ 65.2-712. Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition.

So long as an employee or statutory dependent pursuant to § 65.2-515 receives payment of compensation under this title, any such employee person shall have a duty immediately to disclose to the employer, when the employer is self-insured, or insurer in all other cases, any incarceration, return to employment or, increase in his earnings, remarriage or change in his status as a full-time student. Any payment to a claimant by an employer or insurer which is later determined by the Commission to have been procured by the employee or statutory dependent under § 65.2-515 by fraud, misrepresentation, or failure to report any incarceration, return to employment or, increase in earnings, remarriage or change in his status as a full-time student may be recovered from the claimant or statutory dependent by the employer or insurer either by way of credit against future compensation payments due the claimant or statutory dependent, or by action at law against the claimant or statutory dependent.