D.
Credits There are only two sections of the Act that provide authority for credits. 1.
Under Virginia Code Section 65.2-520, an employer may receive a credit for voluntary payments of compensation. Compensation is considered "voluntary" if it was "not due and payable when made." If such a credit is awarded, the Commission will allow the amount of the credit to be deducted from the amount to be paid as compensation, provided that in the case of disability benefits, the deductions shall be made by reducing the weekly payment in an amount not to exceed one-fourth of the amount of the weekly payment for as long as necessary to recoup the credit. If you are under an award, you must request permission before taking a credit or you risk penalties for late payment of compensation.
2.
Under Virginia Code Section 65.2-712, if the employer or insurer makes a payment to a claimant which is later determined by the Commission to have been procured by the employee or statutory dependent by fraud, misrepresentation, or failure to report any incarceration, return to employment, increase in earnings, remarriage or change in his status as a full-time student, the amount of such payments may be recovered from the claimant or statutory dependent by either a credit against future compensation payments due the claimant or statutory dependent, or by action at law against the claimant or statutory dependent.
