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Guide to Virginia Workers’ Compensation Law

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VIRGINIA WORKERS' COMPENSATION CLAIMS I. Jurisdiction A. Generally The Virginia Workers' Compensation Commission ("the Commission") was created by statute and the powers of the Commission are defined solely by the Virginia Workers' Compensation Act ("the Act"). The Commission has jurisdiction to determine all questions arising under the Act. The Act provides benefits for injuries by accident and certain diseases that arise out of and in the course of employment. This grant of subject matter jurisdiction includes the authority of the Commission to enforce its orders and to resolve coverage and payment disputes. The jurisdiction is not unlimited, however. For instance, the Commission retains authority to decide questions between the insurer and the employer, or between two insurers, only insofar as the questions affect the rights of an injured employee. When the rights of the injured employee are not at stake, the Act clearly leaves the litigants to their common law remedies. B. Foreign Injuries The Commission also exercises jurisdiction over accidents sustained outside of Virginia in limited circumstances. By statute, for an injury incurred out-of-state to be compensable, the evidence must show that: 1. 2. 3. 4. The injury would entitle the employee to benefits if it happened in Virginia; The contract of employment was made in Virginia; The employer's place of business is in Virginia; and The contract of employment was not expressly for service exclusively outside of Virginia. If the claim is also compensable in another forum, Virginia will grant a credit, upon request, for any benefits paid pursuant to the other state's laws.

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