                                 CODE OF VIRGINIA

AWARDS (§ 65.2-1203)

A. 1. Whenever, following due investigation of a claim for compensation
benefits, the Commission determines that (i) the employer of record has failed
to comply with the provisions of § 65.2-801 or that a self-insured employer or
its surety as required by § 65.2-801 is unable to satisfy an award in whole or
in part, and (ii) the claim is compensable, the Commission shall make a
provisional award of compensation benefits, or any unpaid balance thereof,
without further delay. Thereafter, the Commission shall make a final award
concerning such benefits or unpaid balance thereof, in accordance with the
provisions of this chapter and all applicable provisions of this title. The
Commission shall order payment of any award of compensation benefits pursuant to
this chapter from the Uninsured Employer&#8217;s Fund.

   2. After an award has been entered against an employer for compensation
   benefits under any provision of this chapter, and upon finding that the
   employer has failed to comply with the provisions of &#xA7; 65.2-801, or that
   a self-insured employer or its surety as required by &#xA7; 65.2-801 is unable
   to satisfy an award in whole or in part, the Commission shall order the award,
   or any unpaid balance, to be paid from the Uninsured Employer&#8217;s Fund
   after demand has been made by a claimant upon his employer or other uninsured
   entity which is responsible to pay the award. Such demand may be waived by the
   Commission for good cause shown.

B. For the purposes of this chapter, an employer who is a former member of a
group self-insurance association or group self-insurance pool whose license has
been terminated by the State Corporation Commission and whose security deposit
with the State Treasurer or surety coverage has been exhausted shall be deemed
to be an uninsured employer not in compliance with &#xA7; 65.2-801. For all such
uninsured employers, the Attorney General, or his designee, shall enforce the
right of subrogation and recoupment as provided in &#xA7; 65.2-1204.

HISTORY: 1977, c. 345, § 65.1-149; 1983, c. 460; 1988, c. 604; 1991, c. 355;
1993, c. 624; 1997, c. 131; 2009, cc. 285, 336.