9.1-403 - Claim for payment; costs. - Virginia Statutes

§ 9.1-403. Claim for payment; costs.

A. Every beneficiary, disabled person or his spouse, or dependent of adeceased or disabled person shall present his claim to the chief officer, orhis designee, of the appropriate division or department that last employedthe deceased or disabled person on forms to be provided by the StateComptroller's office.

B. In the case of a police department or a sheriff's office that is part ofor administered by the Commonwealth or any political subdivision thereof, thechief officer, or his designee, of such department or office shallinvestigate and report upon the circumstances surrounding the deceased ordisabled person and report his findings to the Comptroller within 10 businessdays after completion of the investigation. The Comptroller, the AttorneyGeneral, or any such chief officer, in his discretion, may submit a requestto the Superintendent of the Department of State Police to perform theinvestigation pursuant to subsection C.

C. In all other cases, upon receipt of the claim the chief officer, or hisdesignee, of the appropriate division or department shall submit a request tothe Superintendent of the Department of the State Police, who shallinvestigate and report upon the circumstances surrounding the deceased ordisabled person, calling upon the additional information and services of anyother appropriate agents or agencies of the Commonwealth. The Superintendent,or his designee, shall report his findings to the Comptroller within 10business days after completion of the investigation. The Department of StatePolice shall take action to conduct the investigation as expeditiously aspossible. The Department shall be reimbursed for the cost of investigationsconducted pursuant to this section from the appropriate employer that lastemployed the deceased or disabled employee.

D. Within 10 business days of being notified by an employee, or an employee'srepresentative, that such employee is permanently and totally disabled due toa work-related injury suffered in the line of duty, the agency or departmentemploying the disabled person shall provide him with information about thecontinued health insurance coverage provided under this act and the processfor initiating a claim. The employer shall assist in filing a claim, unlesssuch assistance is waived by the employee or the employee's representative.

(1995, c. 156, § 2.1-133.8; 1998, c. 712; 2001, cc. 427, 844; 2007, c. 90;2009, cc. 393, 580.)