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- Subject Index: Since 1995
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2017 SESSION
SB 1175 Workers' compensation; employer's lien, third party actions.
Introduced by: A. Benton "Ben" Chafin | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Workers' compensation; employer's lien; third party actions. Requires that any arbitration proceeding regarding the exercise of an employer's right of subrogation to an employee's claim against a third party shall be limited solely to arbitrating the amount and validity of the employer's lien and shall not affect the employee's rights in any way. Such arbitration shall not be held unless (i) any contested expenses remaining have been submitted to the Virginia Workers' Compensation Commission (the Commission) for a determination of their validity and the Commission has made such determination of validity prior to the commencement of the arbitration; (ii) prior to the commencement of such arbitration the employer has provided the injured employee and his attorney, if any, with an itemization of the expenses associated with the lien that is the subject of the arbitration; (iii) upon receipt of the itemization of the lien, the employee shall have 21 days to provide a written objection to any expenses included in the lien to the employer, and if the employee does not do so any objections to the lien to be arbitrated shall be deemed waived; and (iv) the employer shall have 14 days after receipt of the written objection to notify the employee of any contested expenses that the employer does not agree to remove from the lien, and if the employer does not do so any itemized expense objected to by the employee shall be deemed withdrawn and not included in the arbitration. This bill is identical to HB 1659.
FULL TEXT
- 01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17101049D pdf | impact statement
- 01/23/17 Senate: Committee substitute printed 17104602D-S1 pdf | impact statement
- 02/13/17 Senate: Bill text as passed Senate and House (SB1175ER) pdf | impact statement
- 02/20/17 Governor: Acts of Assembly Chapter text (CHAP0081) pdf
HISTORY
- 01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17101049D
- 01/10/17 Senate: Referred to Committee on Commerce and Labor
- 01/23/17 Senate: Reported from Commerce and Labor with substitute (15-Y 0-N)
- 01/23/17 Senate: Committee substitute printed 17104602D-S1
- 01/25/17 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/26/17 Senate: Read second time
- 01/26/17 Senate: Reading of substitute waived
- 01/26/17 Senate: Committee substitute agreed to 17104602D-S1
- 01/26/17 Senate: Engrossed by Senate - committee substitute SB1175S1
- 01/27/17 Senate: Read third time and passed Senate (39-Y 0-N)
- 01/31/17 House: Placed on Calendar
- 01/31/17 House: Read first time
- 01/31/17 House: Referred to Committee on Commerce and Labor
- 02/07/17 House: Reported from Commerce and Labor (21-Y 0-N)
- 02/09/17 House: Read second time
- 02/10/17 House: Read third time
- 02/10/17 House: Passed House BLOCK VOTE (95-Y 0-N)
- 02/10/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
- 02/13/17 Senate: Enrolled
- 02/13/17 Senate: Bill text as passed Senate and House (SB1175ER)
- 02/13/17 Senate: Signed by President
- 02/13/17 House: Signed by Speaker
- 02/14/17 Senate: Enrolled Bill Communicated to Governor on 2/14/17
- 02/14/17 Governor: Governor's Action Deadline Midnight, February 21, 2017
- 02/20/17 Governor: Approved by Governor-Chapter 81 (effective 7/1/17)
- 02/20/17 Governor: Acts of Assembly Chapter text (CHAP0081)