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1997 SESSION

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HB 2375 Workers' compensation; temporary payments.

Introduced by: Watkins M. Abbitt, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Workers' compensation; temporary payments. Permits employers to make temporary payments of compensation or wages to an injured employee during his incapacity for work as provided in §§ 65.2-500 and 65.2-502, relating to temporary partial and temporary total benefits for injuries or occupational diseases. The bill provides that such payments may not (i) be made for a period exceeding six months from the date of an injury or, for an occupational disease, six months of payments; (ii) prejudice the employer's rights or estop the employer from contesting the claim; (iii) be used to support a claim for compensation or for assessment of costs against an employer (under § 65.2-713); (iv) be admitted into evidence or considered part of a hearing record; or (v) toll the limitations periods for filing a claim (under § 65.2-601 or § 65.2-708). Under the bill, an employer is entitled to a credit for any temporary payments against a subsequent award, but no right to recovery of temporary payments is permitted if an award granting benefits is not entered. At the conclusion of the voluntary payment, the employer must provide notice to the employee that the voluntary payment had ceased and that the right to Workers' Compensation will expire unless a claim is filed within two years from the date of the injury or 18 months from the date of the last check, whichever occurs last.


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