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2013 SESSION
13103682DBe 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.