65.2-1203 - Awards.
§ 65.2-1203. Awards.
A. 1. Whenever, following due investigation of a claim for compensationbenefits, the Commission determines that (i) the employer of record hasfailed to comply with the provisions of § 65.2-801 or that a self-insuredemployer or its surety as required by § 65.2-801 is unable to satisfy anaward in whole or in part, and (ii) the claim is compensable, the Commissionshall make a provisional award of compensation benefits, or any unpaidbalance thereof, without further delay. Thereafter, the Commission shall makea final award concerning such benefits or unpaid balance thereof, inaccordance with the provisions of this chapter and all applicable provisionsof this title. The Commission shall order payment of any award ofcompensation benefits pursuant to this chapter from the Uninsured Employer'sFund.
2. After an award has been entered against an employer for compensationbenefits under any provision of this chapter, and upon finding that theemployer has failed to comply with the provisions of § 65.2-801, or that aself-insured employer or its surety as required by § 65.2-801 is unable tosatisfy an award in whole or in part, the Commission shall order the award,or any unpaid balance, to be paid from the Uninsured Employer's Fund afterdemand has been made by a claimant upon his employer or other uninsuredentity which is responsible to pay the award. Such demand may be waived bythe Commission for good cause shown.
B. For the purposes of this chapter, an employer who is a former member of agroup self-insurance association or group self-insurance pool whose licensehas been terminated by the State Corporation Commission and whose securitydeposit with the State Treasurer or surety coverage has been exhausted shallbe deemed to be an uninsured employer not in compliance with § 65.2-801. Forall such uninsured employers, the Attorney General, or his designee, shallenforce the right of subrogation and recoupment as provided in § 65.2-1204.
(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.)