Va. Code » Title 38.2. Insurance » Chapter 50. Virginia Birth-Related Neurological Injury Compensation Act
Virginia Code

Va. Code Ann. § 38.2-5003 (2026)

Virginia Workers' Compensation Commission authorized to hear and determine claims

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The Virginia Workers' Compensation Commission is authorized to hear and pass upon all claims filed pursuant to this chapter. The Commission may exercise the power and authority granted to it in Chapter 2 of Title 65.2 as necessary to carry out the purposes of this chapter.

When a circuit court refers a civil action to the Commission pursuant to § 8.01-273.1 for the purposes of determining whether the cause of action satisfies the requirements of this chapter, the Commission shall set the matter for hearing pursuant to § 38.2-5006. The Commission shall communicate its decision to the referring circuit court in due course.

1987, c. 540; 1999, c. 822.

Notes of Decisions
Cited in 15 cases, 1991–2015 · leading case: Kidder v. Virginia Birth-Related Neurological Injury Comp. Prog., 560 S.E.2d 907 (Va. Ct. App. 2002).
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Kidder v. Virginia Birth-Related Neurological Injury Comp. Prog., 560 S.E.2d 907 (Va. Ct. App. 2002). · cites it 6× “” Code § 38.2-5003. Upon receipt of [a] petition [for benefits under the Act,] the Commission shall immediately serve the Program by service upon the [designated] agent .”
Berner v. Mills, 579 S.E.2d 159 (Va. 2003). · cites it 2× “See Code § 38.2-5003. In January 2000, the circuit court stayed proceedings on the motion for judgment and referred the Mills’ claims to the Commission for a determination whether the claims were subject to the provisions of the Act.”
Spicer v. Virginia Birth-Related Neurological Injury Comp. Prog., 633 S.E.2d 732 (Va. Ct. App. 2006). · cites it 4× “Code § 38.2-5003 directs the commission to “exercise the power and authority granted to it in Chapter 2 of Title 65.”
King v. Virginia Birth-Related Neurological Injury Comp. Prog., 410 S.E.2d 656 (Va. 1991). · cites it 2× “Code §§ 38.2-5003 and -5004. The Industrial Commission is authorized to determine whether the injury is a birth-related neurological injury, whether the obstetrical services were delivered by a participating physician at birth, and how much compensation, if any, is awardable…”
John P. Kavanaugh, Jr. v. Virginia Birth-Related Neurological Injury Comp. Prog., 728 S.E.2d 527 (Va. Ct. App. 2012). · cites it 4× “Code § 38.2-5003. The Act requires claimants to file a petition that includes considerable information, including “[djocumentation of expenses and services incurred to date, which indicates whether such expenses and services have been paid for, and if so, by whom.”
Cooper v. Adler, 604 S.E.2d 747 (Va. Ct. App. 2004). · cites it 2× “See Code § 38.2-5003.” Berner, 265 Va. at 411 , 579 S.”
Women's Healthcare Assocs., Inc. v. Valerie Mucci, 768 S.E.2d 720 (Va. Ct. App. 2015). · cites it 4× “The General Assembly has authorized the commission “to hear and pass upon all claims filed pursuant to this [Act].”
Gibson v. Riverside Hosp., Inc., 458 S.E.2d 460 (Va. 1995). · cites it 2× “Code § 38.2-5003. Former Code § 38.2-5001, which was effective in 1989 at the time of Craig’s birth, stated in relevant part: *143 “Birth-related, neurological injury” means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury…”
Jan Paul Fruiterman v. Waziri, 525 S.E.2d 552 (Va. 2000). “To administer the Compensation Program, “[t]he Virginia Workers’ Compensation Commission [was] authorized to hear and pass upon all claims filed pursuant to this chapter”, § 38.2-5003, and to “make an award providing compensation for .”
Moyers v. Steinmetz, 34 Va. Cir. 307 (Winchester Cir. Ct. 1994). · cites it 2× “See Virginia Code § 38.2-5003. Moreover, the Workers’ Compensation Commission did not recognize the Defendant as a participant in the Act as evidenced by die letter from the Executive Director of the Virginia Birth-Related Neurological Injury Compensation Program.”
Jordyn Spicer v. Virginia Birth-Related Neurological Injury Comp. Prog., No. 2484054 (Va. Ct. App. Aug. 22, 2006). · cites it 4× “Code § 38.2-5003 directs the commission to “exercise the power and authority granted to it in Chapter 2 of Title 65.”
Loudoun Hosp. Ctr. v. Valerie Mucci, No. 1211144 (Va. Ct. App. Mar. 3, 2015). · cites it 3× “In this role, the commission has consistently held that the key inquiry in determining whether a mother’s claim is barred depends on whether it arises out of, or relates solely to the infant’s injury, not whether the mother’s injury occurred at any particular time during the…”
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Va. Code Ann. § 38.2-5003(D): 1 case
Kidder v. Virginia Birth-Related Neurological Injury Comp. Prog., 560 S.E.2d 907 (Va. Ct. App. 2002). “” Code § 38.2-5003. Upon receipt of [a] petition [for benefits under the Act,] the Commission shall immediately serve the Program by service upon the [designated] agent .”
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