65.2-708 - Review of award on change in condition.
§ 65.2-708. Review of award on change in condition.
A. Upon its own motion or upon the application of any party in interest, onthe ground of a change in condition, the Commission may review any award andon such review may make an award ending, diminishing or increasing thecompensation previously awarded, subject to the maximum or minimum providedin 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 bedocketed for hearing by the Commission unless any medical reports upon whichthe party is relying are submitted to the Commission. No such review shallaffect such award as regards any moneys paid except pursuant to §§ 65.2-712,65.2-1105, and 65.2-1205. No such review shall be made after twenty-fourmonths from the last day for which compensation was paid, pursuant to anaward under this title, except: (i) thirty-six months from the last day forwhich compensation was paid shall be allowed for the filing of claims payableunder § 65.2-503 and certain claims under subsection B of § 65.2-406 or (ii)twenty-four months from the day that the claimant undergoes any surgicalprocedure compensable under § 65.2-603 to repair or replace a prosthesis ororthosis.
B. In those cases where no compensation has been paid, the Commission maymake an award under § 65.2-503 within thirty-six months from the date of theaccident.
C. All wages paid, for a period not exceeding twenty-four consecutive months,to an employee (i) who is physically unable to return to his pre-injury workdue to a compensable injury and (ii) who is provided work within his capacityat a wage equal to or greater than his pre-injury wage, shall be consideredcompensation.
(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.)