                                 CODE OF VIRGINIA

COSTS (§ 65.2-713)

A. 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&#8217;s fee, to be fixed by the Commission.

B. 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&#8217;s fee to be
fixed by the Commission. In such a case where an attorney&#8217;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 &#xA7;
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. 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.

HISTORY: Code 1950, § 65-97; 1958, c. 509; 1968, c. 660, § 65.1-101; 1989, c.
496; 1991, c. 355; 1997, c. 158.