Issue link: http://www.e-digitaleditions.com/i/83215
VIII. Filing Employer's Applications for Hearings There are numerous reasons why an employer may wish to file an Application for Hearing. A. Virginia Workers' Compensation Commission Rule 1.4 1. The Commission's Rules require that an Employer's Application for Hearing be in writing and state the grounds for the application, as well as the relief sought. Upon filing, a copy of the application and supporting documentation must be sent to the employee and to the employee's attorney, if represented. 2. Additionally, if the Application is a change in condition application filed by an employer under Virginia Code Section 65.2-708, the Rules also require that the Application: a) b) 3. Be under oath; and State the compensation rate last paid as well as the date for which compensation was last paid. Compensation must be paid through the date the application was filed, unless: a) b) c) d) The application alleges the employee returned to work, in which case payment shall be made to the date of the return. The application alleges a refusal of selective employment or medical attention or examination, in which case payment shall be made to the date of the refusal or 14 days before filing, whichever is later. The application alleges a failure to cooperate with vocational rehabilitation, in which case payment must be made through the date the application is filed. An employer files successive applications, in which case compensation shall be paid through the date required by the first application. If the first application is rejected, payment shall be made through the date required by the second application. e) The same application asserts multiple allegations, in which case payment is determined by the allegation that allows the earliest termination date.