                                 CODE OF VIRGINIA

REVIEW OF AWARD ON CHANGE IN CONDITION (§ 65.2-708)

A. 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 &#xA7;&#xA7;
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 &#xA7; 65.2-503 and
certain claims under subsection B of &#xA7; 65.2-406 or (ii) 24 months from the
day that the claimant undergoes any surgical procedure compensable under &#xA7;
65.2-603 to repair or replace a prosthesis or orthosis.

B. In those cases where no compensation has been paid, the Commission may make
an award under &#xA7; 65.2-503 within 36 months from the date of the accident.

C. 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
&#xA7;&#xA7; 65.2-500 and 65.2-518.

HISTORY: Code 1950, § 65-95; 1964, c. 209; 1968, c. 660, § 65.1-99; 1972, c.
229; 1975, c. 365; 1977, cc. 345, 380; 1985, c. 453; 1988, c. 518; 1989, cc.
313, 324, 552, § 65.1-55.1; 1991, c. 355; 2013, c. 445.