TITLE 65.2. WORKERS' COMPENSATION.

§ 65.2-101 amended.
Workers' compensation; electoral board members. Clarifies that electoral board members are considered county and city employees who are defined as "employees" for purposes of eligibility for workers' compensation benefits. The measure is stated to be declaratory of existing law. HB 1267; CH. 928.

§§ 65.2-101, 65.2-500, 65.2-502, and 65.2-512 amended.
Workers' compensation; AmeriCorps members and Food Stamp Employment and Training Program participants. Provides that members of AmeriCorps and food stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program shall be deemed to be employees of the Commonwealth for purposes of the Workers' Compensation Act. Such persons shall be eligible for reimbursement for medical costs from covered injuries, but shall not be eligible to receive weekly compensation. SB 547; CH. 888 (effective 4/15/04).

§ 65.2-201 amended.
Workers' Compensation Commission; powers. Provides that with respect to all matters within its jurisdiction, the Commission shall have the power of a court of record to administer oaths, to compel the attendance of witnesses and the production of documents, to punish for contempt, to appoint guardians and to enforce compliance with its lawful orders and awards. SB 597; CH. 178.

§§ 65.2-309 through 65.2-311 amended.
Workers' compensation; lien by employer on settlement or verdict. Provides that an employer's payment of workers' compensation benefits creates not only a subrogation interest, but an actual lien against any proceeds obtained by verdict or settlement from a third party or recovered pursuant to the uninsured or underinsured motorist provisions of a motor vehicle insurance policy carried by the employer. Under current law, the employer has a subrogation interest in a recovery by the employee against a third party that it must enforce independently or perfect prior to verdict. The bill also provides that where the employer must sue to recover on its lien, it is not required to bear any share of the reasonable expenses and reasonable attorney's fees associated with that portion of its lien that is not preserved. HB 864; CH. 914/SB 558; CH. 941.

§ 65.2-603. See § 54.1-3513; HB 270.

§ 65.2-801 amended.
Workers' Compensation Insurance; self-insurers; deposit to secure payment. Authorizes the Workers' Compensation Commission to accept certificates of deposit, U.S. government bonds, letters of credit, and cash as instruments that will secure the payment of workers' compensation liabilities of self-insured employers. Currently, such employers may be required to deposit an acceptable security, indemnity, or bond. HB 474; CH. 44/SB 323; CH. 173.