                                 CODE OF VIRGINIA

REINVESTIGATION OF DECISION; RECONSIDERATION OF AWARD; JUDICIAL REVIEW (§
19.2-368.8)

A. The Commission, on its own motion, or upon request of the claimant, may
reinvestigate or reopen a decision making or denying an award. Except for claims
of sexual abuse that occurred while the victim was a minor, the Commission shall
not reopen or reinvestigate a case after the expiration of two years from the
date of submission of the original claim. Any claim involving the sexual abuse
of a minor that has been denied before July 1, 2001, because it was not timely
filed may, upon application filed with the Commission, be reconsidered provided
the application for reconsideration is filed within ten years after the
minor&#8217;s eighteenth birthday.

B. The Commission shall reconsider, at least annually, every award upon which
periodic payments are being made. An order or reconsideration of an award shall
not require refund of amounts previously paid unless the award was obtained by
fraud. The right of reconsideration does not affect the finality of a Commission
decision for the purposes of judicial review.

C. Within thirty days of the date of the report containing the final decision of
the Commission, the claimant may, if in his judgment the award is improper,
appeal such decision to the Court of Appeals, as provided in &#xA7; 65.2-706.
The Attorney General may appear in such proceedings as counsel for the
Commission.

HISTORY: 1976, c. 605; 1977, c. 215; 1984, c. 703; 2001, c. 855; 2002, c. 665.