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1999 SESSION

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996584681
SENATE BILL NO. 1016 Offered January 19, 1999 A BILL to amend and reenact § 65.2-702 of the Code of Virginia, relating to workers’ compensation, withdrawal of claim and/or application for a hearing. ---------- Patron-- Holland ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That § 65.2-702 of the Code of Virginia is amended and reenacted as follows:

§ 65.2-702. Disagreement on compensation; venue.

A. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title, or if they have reached such an agreement which has been signed and filed with the Commission and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission for a hearing in regard to the matters at issue and for a ruling thereon.

B. Immediately after such application has been received the Commission shall set the date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the city or county where the injury occurred, or in a contiguous city or county, unless otherwise designated by the Commission.

C. A claim and/or an application for a hearing may be withdrawn once by either party. Within two business days of the hearing, a party represented by counsel shall be allowed to withdraw the claim, in the case of an original application for a hearing, and in all other cases an application for a hearing, only if (i) the Commission finds good cause for the withdrawal and directs reimbursement of reasonable expenses incurred by the other party, or (ii) both parties consent to the withdrawal.