                                 CODE OF VIRGINIA

TOLLING OF STATUTE OF LIMITATIONS (§ 65.2-602)

In any case where an employer has received notice of an accident resulting in
compensable injury to an employee as required by § 65.2-600 and, whether or not
an award has been entered, the employer has paid compensation or wages to such
employee during incapacity for work, as defined in § 65.2-500 or 65.2-502,
resulting from such injury or the employer has failed to file the report of said
accident with the Virginia Workers&#8217; Compensation Commission as required by
§ 65.2-900, or otherwise has under a workers&#8217; compensation plan or
insurance policy furnished or caused to be furnished medical service to such
employee as required by § 65.2-603, the statute of limitations applicable to
the filing of a claim shall be tolled until the last day for which such payment
of compensation or wages or furnishment of medical services as described above
is provided and that occurs more than six months after the date of accident.
However, no such payment of wages or workers&#8217; compensation benefits or
furnishment of medical service as described above occurring after the expiration
of the statute of limitations shall apply to this provision. In the case where
the employer has failed to file a first report, the statute of limitations shall
be tolled during the duration thereof until the employer filed the first report
of accident as required by § 65.2-900. In the event that more than one of the
above tolling provisions applies, whichever of those causes the longer period of
tolling shall apply.

HISTORY: 1984, c. 608, § 65.1-87.1; 1989, c. 539; 1991, cc. 216, 355; 2019, c.
470.