65.2-713 - Costs. - Virginia Statutes

§ 65.2-713. Costs.

A. If the Commission or any court before whom any proceedings are brought ordefended by the employer or insurer under this title shall determine thatsuch proceedings have been brought, prosecuted, or defended withoutreasonable grounds, it may assess against the employer or insurer who has sobrought, prosecuted, or defended them the whole cost of the proceedings,including a reasonable attorney's fee, to be fixed by the Commission.

B. Where the Commission finds that an employer or insurer has delayed paymentwithout reasonable grounds, it may assess against the employer or insurer thewhole cost of the proceedings, including a reasonable attorney's fee to befixed by the Commission. In such a case where an attorney's fee is awardedagainst the employer or insurer, the Commission shall calculate and add toany award made to the claimant interest at the judgment rate, as set forth in§ 6.1-330.54, on the benefits accrued from the date the Commission determinedthe award should have been paid through the date of the award.

C. Where the Commission finds that an employer or insurer has filed anapplication for a hearing in bad faith, it shall assess against the employeror an insurer an amount up to ten percent of the total amount of the benefitsaccrued from the date the Commission determined the award should have beenpaid through the date of the award. This payment shall be in addition to anycosts, fees, or awards as set forth in subsection B.

(Code 1950, § 65-97; 1958, c. 509; 1968, c. 660, § 65.1-101; 1989, c. 496;1991, c. 355; 1997, c. 158.)