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2006 SESSION

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SB 632 Neurological birth-related injury cases; review of certain cases.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Virginia Birth-Related Neurological Injury Compensation Act; redetermination of claim.  Allows for an opportunity for a second review by the Commission in the case of any child born between January 1, 1988, and July 1, 1993, if such application for review is filed by July 1, 2007.  The review may only occur in those cases where the claim was timely filed and dismissed on the basis of the injury not being caused by a deprivation of oxygen or mechanical injury. 

SUMMARY AS PASSED:

Virginia Birth-Related Neurological Injury Compensation Act; redetermination of claim.  Allows for an opportunity for a second review by the Commission in the case of any child born between January 1, 1988, and July 1, 1993, if such application for review is filed by July 1, 2007.  The review may only occur in those cases where (i) the claim was timely filed and dismissed on the basis of the injury not being caused by a deprivation of oxygen or mechanical injury and (ii) the panel reported in the hearing that the injuries did not meet the definition of a birth-related neurological injury. 

SUMMARY AS PASSED SENATE:

Virginia Birth-Related Neurological Injury Compensation Act; redetermination of claim.  Establishes a procedure for a claimant to seek a redetermination of a decision by the Workers' Compensation Commission finding that an injury is not a birth-related injury. Redeterminations will be allowed within three years of the initial determination if the claimant obtains new evidence resulting from the application of medical or scientific discoveries and developments that were not known or available at the time of the Commission's previous determination.  Redeterminations will not be permitted if the claimant has received a civil judgment or settlement for the injury.

SUMMARY AS INTRODUCED:

Virginia Birth-Related Neurological Injury Compensation Act; redetermination of claim.  Establishes a procedure for a claimant to seek a redetermination of a decision by the Workers' Compensation Commission finding that an injury is not a birth-related injury. Redeterminations will be allowed if the claimant obtains new evidence resulting from the application of medical or scientific discoveries and developments that were not known or available at the time of the Commission's previous determination.