Virginia law § 19.2-368.8 allows the Workers' Compensation Commission to reinvestigate or reopen claims within certain timeframes, with special provisions for sexual abuse cases involving minors. The Commission is required to reconsider periodic awards annually, and claimants have the right to appeal final decisions to the Court of Appeals within 30 days. The law balances the ability to revisit claims with finality and judicial review procedures.
Generally, claims cannot be reopened after two years from the original submission, except for sexual abuse cases involving minors, which have a different timeline.
The Commission is required to reconsider awards with periodic payments at least once a year to ensure continued accuracy.
Yes, you can appeal the final decision to the Virginia Court of Appeals within 30 days of the report containing the decision.
Reconsideration does not require refunds unless the award was obtained through fraud; it primarily reviews the appropriateness of the award.