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VA HB426
Bill
Status
1/30/2026
Primary Sponsor
Destiny LeVere Bolling
Click for details
AI Summary
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Amends Virginia Code § 65.2-313 governing how employers calculate their offset when injured workers recover damages from third parties in workers' compensation cases
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Protects existing lifetime medical benefits awards, allowing them to remain in full force without requiring claimants to file additional claims for causally related medical care after a third-party recovery
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Preserves ongoing indemnity awards after third-party recovery, subject only to the pro rata offset reduction rather than suspension or termination
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Prohibits employers from suspending, modifying, or terminating workers' compensation awards solely based on a third-party recovery; instead requires employers to apply credits as continuing pro rata reductions until exhausted
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Allows claimants to pay medical expenses during the offset period and receive reimbursement from the employer for their proportionate share of attorney fees and costs
Legislative Description
Workers' compensation; employer's offset in event of recovery.
Last Action
Passed Senate Block Vote (40-Y 0--N 0-A)
3/11/2026