HB 1292 Workers' compensation; tolling of statute of limitations.
Flora D. Crittenden | all patrons    ...    notes
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Summary:
Workers' compensation; tolling of statute of limitations. Tolls, in effect, statutes of limitations for filing workers' compensation claims whenever an employer, in addition to (i) failing to file a first report of accident or (ii) paying wages or compensation during an employee's incapacity for work, otherwise engages in a course of conduct upon which an employee reasonably relies to his detriment. Current law tolls the limitations period whenever (i) or (ii) occur. However, limitations periods are not deemed tolled if an employee is not "prejudiced" by these actions. Va. Code 65.2-602 (amended by this bill) stipulates that an employee is not prejudiced if the employer has filed the first report of accident with the Workers' Compensation Commission, or if the employee has received a Commission-published guide to workers' compensation benefits or a notice advising him that claims must be filed within applicable limitations periods. This bill limits this "safe harbor" provision by making it inapplicable whenever an employer otherwise engages in a course of conduct upon which an employee reasonably relies to his detriment.

Full text:
01/22/96  House: Presented & ordered printed 960976260  pdf

Status:
01/22/96  House: Presented & ordered printed 960976260
01/22/96  House: Referred to Committee on Commerce and Labor
02/07/96  House: Stricken from docket by L. & C. (22-Y 0-N)