{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-713.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-713.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-713.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-713.html"}],"law_id":67202,"edition_id":1,"section_id":67202,"structure_id":13200,"section_number":"65.2-713","catch_line":"Costs","history":"Code 1950, \u00a7 65-97; 1958, c. 509; 1968, c. 660, \u00a7 65.1-101; 1989, c. 496; 1991, c. 355; 1997, c. 158.","full_text":"A\n\nIf the Commission or any court before whom any proceedings are brought or defended by the employer or insurer under this title shall determine that such proceedings have been brought, prosecuted, or defended without reasonable grounds, it may assess against the employer or insurer who has so brought, prosecuted, or defended them the whole cost of the proceedings, including a reasonable attorney’s fee, to be fixed by the Commission.B\n\nWhere the Commission finds that an employer or insurer has delayed payment without reasonable grounds, it may assess against the employer or insurer the whole cost of the proceedings, including a reasonable attorney’s fee to be fixed by the Commission. In such a case where an attorney’s fee is awarded against the employer or insurer, the Commission shall calculate and add to any award made to the claimant interest at the judgment rate, as set forth in § 6.2-302, on the benefits accrued from the date the Commission determined the award should have been paid through the date of the award.C\n\nWhere the Commission finds that an employer or insurer has filed an application for a hearing in bad faith, it shall assess against the employer or an insurer an amount up to ten percent of the total amount of the benefits accrued from the date the Commission determined the award should have been paid through the date of the award. This payment shall be in addition to any costs, fees, or awards as set forth in subsection B.","order_by":null,"text":{"0":{"id":243616,"text":"If the Commission or any court before whom any proceedings are brought or defended by the employer or insurer under this title shall determine that such proceedings have been brought, prosecuted, or defended without reasonable grounds, it may assess against the employer or insurer who has so brought, prosecuted, or defended them the whole cost of the proceedings, including a reasonable attorney’s fee, to be fixed by the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243617,"text":"Where the Commission finds that an employer or insurer has delayed payment without reasonable grounds, it may assess against the employer or insurer the whole cost of the proceedings, including a reasonable attorney’s fee to be fixed by the Commission. In such a case where an attorney’s fee is awarded against the employer or insurer, the Commission shall calculate and add to any award made to the claimant interest at the judgment rate, as set forth in § 6.2-302, on the benefits accrued from the date the Commission determined the award should have been paid through the date of the award.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243618,"text":"Where the Commission finds that an employer or insurer has filed an application for a hearing in bad faith, it shall assess against the employer or an insurer an amount up to ten percent of the total amount of the benefits accrued from the date the Commission determined the award should have been paid through the date of the award. This payment shall be in addition to any costs, fees, or awards as set forth in subsection B.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-713\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1958, chapter 509; in 1968, chapter 660; in 1989, chapter 496; in 1991, chapter 355; in 1997, chapter 158<\/a>.<\/p>","references":false,"refers_to":[{"id":70402,"section_number":"6.2-302","catch_line":"Judgment rate of interest","order_by":null,"url":"\/6.2-302\/"}],"permalink":{"id":276647,"object_type":"law","relational_id":67202,"identifier":"65.2-713","token":"65.2\/7\/65.2-713","url":"\/65.2-713\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-713\/","token":"65.2\/7\/65.2-713","dublin_core":{"Title":"Costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-713","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Commission<\/span> or any court<\/span> before whom any proceedings are brought or defended by the employer<\/span> or insurer under this title shall determine that such proceedings have been brought, prosecuted, or defended without reasonable grounds, it may assess against the employer<\/span> or insurer who has so brought, prosecuted, or defended them the whole cost of the proceedings, including a reasonable attorney’s fee, to be fixed by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the Commission<\/span> finds that an employer<\/span> or insurer has delayed payment without reasonable grounds, it may assess against the employer<\/span> or insurer the whole cost of the proceedings, including a reasonable attorney’s fee to be fixed by the Commission<\/span>. In such a case where an attorney’s fee is awarded against the employer<\/span> or insurer, the Commission<\/span> shall calculate and add to any award<\/span> made to the claimant interest at the judgment<\/span> rate, as set forth in § 6.2-302<\/a>, on the benefits accrued from the date the Commission<\/span> determined the award<\/span> should have been paid through the date of the award<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the Commission<\/span> finds that an employer<\/span> or insurer has filed<\/span> an application for a hearing<\/span> in bad faith, it shall assess against the employer<\/span> or an insurer an amount up to ten percent of the total amount of the benefits accrued from the date the Commission<\/span> determined the award<\/span> should have been paid through the date of the award<\/span>. This payment shall be in addition to any costs, fees, or awards<\/span> as set forth in subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOSTS (\u00a7 65.2-713)\n\nA. If the Commission or any court before whom any proceedings are brought or\ndefended by the employer or insurer under this title shall determine that such\nproceedings have been brought, prosecuted, or defended without reasonable\ngrounds, it may assess against the employer or insurer who has so brought,\nprosecuted, or defended them the whole cost of the proceedings, including a\nreasonable attorney’s fee, to be fixed by the Commission.\n\nB. Where the Commission finds that an employer or insurer has delayed payment\nwithout reasonable grounds, it may assess against the employer or insurer the\nwhole cost of the proceedings, including a reasonable attorney’s fee to be\nfixed by the Commission. In such a case where an attorney’s fee is awarded\nagainst the employer or insurer, the Commission shall calculate and add to any\naward made to the claimant interest at the judgment rate, as set forth in §\n6.2-302, on the benefits accrued from the date the Commission determined the\naward should have been paid through the date of the award.\n\nC. Where the Commission finds that an employer or insurer has filed an\napplication for a hearing in bad faith, it shall assess against the employer or\nan insurer an amount up to ten percent of the total amount of the benefits\naccrued from the date the Commission determined the award should have been paid\nthrough the date of the award. This payment shall be in addition to any costs,\nfees, or awards as set forth in subsection B.\n\nHISTORY: Code 1950, \u00a7 65-97; 1958, c. 509; 1968, c. 660, \u00a7 65.1-101; 1989, c.\n496; 1991, c. 355; 1997, c. 158.","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}}