19.2-368.8 - Reinvestigation of decision; reconsideration of award; judicial review. - Virginia Statutes

§ 19.2-368.8. Reinvestigation of decision; reconsideration of award; judicialreview.

A. The Commission, on its own motion, or upon request of the claimant, mayreinvestigate or reopen a decision making or denying an award. Except forclaims of sexual abuse that occurred while the victim was a minor, theCommission shall not reopen or reinvestigate a case after the expiration oftwo years from the date of submission of the original claim. Any claiminvolving the sexual abuse of a minor that has been denied before July 1,2001, because it was not timely filed may, upon application filed with theCommission, be reconsidered provided the application for reconsideration isfiled within ten years after the minor's eighteenth birthday.

B. The Commission shall reconsider, at least annually, every award upon whichperiodic payments are being made. An order or reconsideration of an awardshall not require refund of amounts previously paid unless the award wasobtained by fraud. The right of reconsideration does not affect the finalityof a Commission decision for the purposes of judicial review.

C. Within thirty days of the date of the report containing the final decisionof the Commission, the claimant may, if in his judgment the award isimproper, appeal such decision to the Court of Appeals, as provided in §65.2-706. The Attorney General may appear in such proceedings as counsel forthe Commission.

(1976, c. 605; 1977, c. 215; 1984, c. 703; 2001, c. 855; 2002, c. 665.)