{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-708.html"}],"law_id":81274,"edition_id":1,"section_id":81274,"structure_id":13200,"section_number":"65.2-708","catch_line":"Review of award on change in condition","history":"Code 1950, \u00a7 65-95; 1964, c. 209; 1968, c. 660, \u00a7 65.1-99; 1972, c. 229; 1975, c. 365; 1977, cc. 345, 380; 1985, c. 453; 1988, c. 518; 1989, cc. 313, 324, 552, \u00a7 65.1-55.1; 1991, c. 355; 2013, c. 445.","full_text":"A\n\nUpon its own motion or upon the application of any party in interest, on the ground of a change in condition, the Commission may review any award of compensation and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this title, and shall immediately send to the parties a copy of the award. No application filed by a party alleging a change in condition shall be docketed for hearing by the Commission unless any medical reports upon which the party is relying are submitted to the Commission. No such review shall affect such award as regards any moneys paid except pursuant to §§ 65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after 24 months from the last day for which compensation was paid, pursuant to an award under this title, except: (i) 36 months from the last day for which compensation was paid shall be allowed for the filing of claims payable under § 65.2-503 and certain claims under subsection B of § 65.2-406 or (ii) 24 months from the day that the claimant undergoes any surgical procedure compensable under § 65.2-603 to repair or replace a prosthesis or orthosis.B\n\nIn those cases where no compensation has been paid, the Commission may make an award under § 65.2-503 within 36 months from the date of the accident.C\n\nAll wages paid, for a period not exceeding 24 consecutive months, to an employee (i) who is physically unable to return to his pre-injury work due to a compensable injury and (ii) who is provided work within his capacity at a wage equal to or greater than his pre-injury wage shall be considered compensation paid pursuant to an award for compensation but shall not result in a reduction of the maximum number of weeks of compensation benefits as described in §§ 65.2-500 and 65.2-518.","order_by":null,"text":{"0":{"id":291301,"text":"Upon its own motion or upon the application of any party in interest, on the ground of a change in condition, the Commission may review any award of compensation and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this title, and shall immediately send to the parties a copy of the award. No application filed by a party alleging a change in condition shall be docketed for hearing by the Commission unless any medical reports upon which the party is relying are submitted to the Commission. No such review shall affect such award as regards any moneys paid except pursuant to §§ 65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after 24 months from the last day for which compensation was paid, pursuant to an award under this title, except: (i) 36 months from the last day for which compensation was paid shall be allowed for the filing of claims payable under § 65.2-503 and certain claims under subsection B of § 65.2-406 or (ii) 24 months from the day that the claimant undergoes any surgical procedure compensable under § 65.2-603 to repair or replace a prosthesis or orthosis.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291302,"text":"In those cases where no compensation has been paid, the Commission may make an award under § 65.2-503 within 36 months from the date of the accident.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291303,"text":"All wages paid, for a period not exceeding 24 consecutive months, to an employee (i) who is physically unable to return to his pre-injury work due to a compensable injury and (ii) who is provided work within his capacity at a wage equal to or greater than his pre-injury wage shall be considered compensation paid pursuant to an award for compensation but shall not result in a reduction of the maximum number of weeks of compensation benefits as described in §§ 65.2-500 and 65.2-518.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13200,"edition_id":1,"name":"Procedure in Connection With Awards","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276585,"object_type":"structure","relational_id":13200,"identifier":"7","token":"65.2\/7","url":"\/65.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63871,"structure_id":13200,"section_number":"65.2-700","catch_line":"Jurisdiction of Commission","url":"\/65.2-700\/","token":"65.2\/7\/65.2-700","metadata":false},{"id":75376,"structure_id":13200,"section_number":"65.2-701","catch_line":"Agreement as to compensation; penalty","url":"\/65.2-701\/","token":"65.2\/7\/65.2-701","metadata":false},{"id":85640,"structure_id":13200,"section_number":"65.2-702","catch_line":"Disagreement on compensation; venue","url":"\/65.2-702\/","token":"65.2\/7\/65.2-702","metadata":false},{"id":54210,"structure_id":13200,"section_number":"65.2-703","catch_line":"Interrogatories and depositions","url":"\/65.2-703\/","token":"65.2\/7\/65.2-703","metadata":false},{"id":77883,"structure_id":13200,"section_number":"65.2-704","catch_line":"Hearing; award or opinion by Commission","url":"\/65.2-704\/","token":"65.2\/7\/65.2-704","metadata":false},{"id":64198,"structure_id":13200,"section_number":"65.2-705","catch_line":"Review of award; rehearing","url":"\/65.2-705\/","token":"65.2\/7\/65.2-705","metadata":false},{"id":80511,"structure_id":13200,"section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","url":"\/65.2-706\/","token":"65.2\/7\/65.2-706","metadata":false},{"id":58895,"structure_id":13200,"section_number":"65.2-706.1","catch_line":"Estoppel effect of a Virginia Workers' Compensation Commission determination of employment status","url":"\/65.2-706.1\/","token":"65.2\/7\/65.2-706.1","metadata":false},{"id":73872,"structure_id":13200,"section_number":"65.2-706.2","catch_line":"Claims not barred","url":"\/65.2-706.2\/","token":"65.2\/7\/65.2-706.2","metadata":false},{"id":73644,"structure_id":13200,"section_number":"65.2-707","catch_line":"Interest on appealed award","url":"\/65.2-707\/","token":"65.2\/7\/65.2-707","metadata":false},{"id":81274,"structure_id":13200,"section_number":"65.2-708","catch_line":"Review of award on change in condition","url":"\/65.2-708\/","token":"65.2\/7\/65.2-708","metadata":false},{"id":68056,"structure_id":13200,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","url":"\/65.2-709\/","token":"65.2\/7\/65.2-709","metadata":false},{"id":61818,"structure_id":13200,"section_number":"65.2-710","catch_line":"Enforcement, etc., of orders and awards","url":"\/65.2-710\/","token":"65.2\/7\/65.2-710","metadata":false},{"id":81815,"structure_id":13200,"section_number":"65.2-711","catch_line":"Reporting of address change by employee; suspension of payment of benefits","url":"\/65.2-711\/","token":"65.2\/7\/65.2-711","metadata":false},{"id":80256,"structure_id":13200,"section_number":"65.2-712","catch_line":"Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition","url":"\/65.2-712\/","token":"65.2\/7\/65.2-712","metadata":false},{"id":67202,"structure_id":13200,"section_number":"65.2-713","catch_line":"Costs","url":"\/65.2-713\/","token":"65.2\/7\/65.2-713","metadata":false},{"id":66371,"structure_id":13200,"section_number":"65.2-714","catch_line":"Fees of attorneys and physicians and hospital charges","url":"\/65.2-714\/","token":"65.2\/7\/65.2-714","metadata":false},{"id":77896,"structure_id":13200,"section_number":"65.2-715","catch_line":"Providing written information","url":"\/65.2-715\/","token":"65.2\/7\/65.2-715","metadata":false}],"previous_section":{"id":73644,"structure_id":13200,"section_number":"65.2-707","catch_line":"Interest on appealed award","url":"\/65.2-707\/","token":"65.2\/7\/65.2-707","metadata":false},"next_section":{"id":68056,"structure_id":13200,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","url":"\/65.2-709\/","token":"65.2\/7\/65.2-709","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-708\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 209; in 1968, chapter 660; in 1972, chapter 229; in 1975, chapter 365; in 1977, chapters 345 and 380; in 1985, chapter 453; in 1988, chapter 518; in 1989, chapters 313, 324, and 552; in 1991, chapter 355; in 2013, chapter 445<\/a>.<\/p>","references":[{"id":72220,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","order_by":null,"url":"\/65.2-510.1\/"}],"refers_to":[{"id":75468,"section_number":"65.2-1105","catch_line":"Payments by fraud, mistake or improper processing of claim; recovery","order_by":null,"url":"\/65.2-1105\/"},{"id":65354,"section_number":"65.2-1205","catch_line":"Notification of change in earnings; change in award","order_by":null,"url":"\/65.2-1205\/"},{"id":76142,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","order_by":null,"url":"\/65.2-406\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"},{"id":60115,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","order_by":null,"url":"\/65.2-518\/"},{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"},{"id":80256,"section_number":"65.2-712","catch_line":"Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition","order_by":null,"url":"\/65.2-712\/"}],"permalink":{"id":276627,"object_type":"law","relational_id":81274,"identifier":"65.2-708","token":"65.2\/7\/65.2-708","url":"\/65.2-708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-708\/","token":"65.2\/7\/65.2-708","dublin_core":{"Title":"Review of award on change in condition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon its own motion<\/span> or upon the application of any party in interest<\/span>, on the ground of a change in condition<\/span>, the Commission<\/span> may review any award<\/span> of compensation and on such review may make an award<\/span> ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this title, and shall immediately send to the parties a copy of the award<\/span>. No application filed<\/span> by a party alleging a change in condition<\/span> shall be docketed for hearing<\/span> by the Commission<\/span> unless any medical reports upon which the party is relying are submitted to the Commission<\/span>. No such review shall affect such award<\/span> as regards any moneys paid except pursuant to §§ 65.2-712<\/a>, 65.2-1105<\/a>, and 65.2-1205<\/a>. No such review shall be made after 24 months from the last day for which compensation was paid, pursuant to an award<\/span> under this title, except: (i) 36 months from the last day for which compensation was paid shall be allowed for the filing of claims payable under § 65.2-503<\/a> and certain claims under subsection B of § 65.2-406<\/a> or (ii) 24 months from the day that the claimant undergoes any surgical procedure compensable under § 65.2-603<\/a> to repair or replace a prosthesis or orthosis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In those cases where no compensation has been paid, the Commission<\/span> may make an award<\/span> under § 65.2-503<\/a> within 36 months from the date of the accident. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All wages paid, for a period not exceeding 24 consecutive months, to an employee (i) who is physically unable to return to his pre-injury<\/span> work due to a compensable injury<\/span> and (ii) who is provided work within his capacity at a wage equal to or greater than his pre-injury<\/span> wage shall be considered compensation paid pursuant to an award<\/span> for compensation but shall not result in a reduction of the maximum number of weeks of compensation benefits as described in §§ 65.2-500<\/a> and 65.2-518<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVIEW OF AWARD ON CHANGE IN CONDITION (\u00a7 65.2-708)\n\nA. Upon its own motion or upon the application of any party in interest, on the\nground of a change in condition, the Commission may review any award of\ncompensation and on such review may make an award ending, diminishing or\nincreasing the compensation previously awarded, subject to the maximum or\nminimum provided in this title, and shall immediately send to the parties a copy\nof the award. No application filed by a party alleging a change in condition\nshall be docketed for hearing by the Commission unless any medical reports upon\nwhich the party is relying are submitted to the Commission. No such review shall\naffect such award as regards any moneys paid except pursuant to §§\n65.2-712, 65.2-1105, and 65.2-1205. No such review shall be made after 24 months\nfrom the last day for which compensation was paid, pursuant to an award under\nthis title, except: (i) 36 months from the last day for which compensation was\npaid shall be allowed for the filing of claims payable under § 65.2-503 and\ncertain claims under subsection B of § 65.2-406 or (ii) 24 months from the\nday that the claimant undergoes any surgical procedure compensable under §\n65.2-603 to repair or replace a prosthesis or orthosis.\n\nB. In those cases where no compensation has been paid, the Commission may make\nan award under § 65.2-503 within 36 months from the date of the accident.\n\nC. All wages paid, for a period not exceeding 24 consecutive months, to an\nemployee (i) who is physically unable to return to his pre-injury work due to a\ncompensable injury and (ii) who is provided work within his capacity at a wage\nequal to or greater than his pre-injury wage shall be considered compensation\npaid pursuant to an award for compensation but shall not result in a reduction\nof the maximum number of weeks of compensation benefits as described in\n§§ 65.2-500 and 65.2-518.\n\nHISTORY: Code 1950, \u00a7 65-95; 1964, c. 209; 1968, c. 660, \u00a7 65.1-99; 1972, c.\n229; 1975, c. 365; 1977, cc. 345, 380; 1985, c. 453; 1988, c. 518; 1989, cc.\n313, 324, 552, \u00a7 65.1-55.1; 1991, c. 355; 2013, c. 445.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}