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'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's fee to be fixed by the Commission. In such a case where an attorney'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 § 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.
Code 1950, § 65-97; 1958, c. 509; 1968, c. 660, § 65.1-101; 1989, c. 496; 1991, c. 355; 1997, c. 158.
Notes of Decisions
Philip Morris USA, Inc. v. Wilbur N. Mease, 745 S.E.2d 155 (Va. Ct. App. 2013).
· cites it 8× “” The deputy commissioner therefore held the “lack of effort in presenting any defense, in the face of two uncontradicted referrals from treating physicians, dictates the finding[ ] that the claim had been defended without reasonable grounds[,]” and ordered employer to pay…”
Miller v. Potomac Hosp. Found., 653 S.E.2d 592 (Va. Ct. App. 2007).
· cites it 8× “The deputy commissioner ordered the Guaranty Fund, pursuant to Code § 65.2-713, 4 to “pay sanctions to claimant’s counsel for his repeated attempts to have the [Guaranty] Fund abide by the Opinion.”
Lowes of Short Pump Virginia v. Campbell, 561 S.E.2d 757 (Va. Ct. App. 2002).
· cites it 4× “For the reasons that follow, we affirm the award and remand the case to the commission for an assessment of additional costs for this proceeding pursuant to Code § 65.2-713. I. The record establishes that Campbell filed a claim for benefits, which alleged an injury by accident…”
NiSource, Inc. v. Thomas, 674 S.E.2d 581 (Va. Ct. App. 2009).
· cites it 4× “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…”
Allen & Rocks, Inc. v. Briggs, 508 S.E.2d 335 (Va. Ct. App. 1998).
· cites it 2× “AWARD OF ATTORNEY’S FEES The commission awarded $350 in attorney’s fees against employer for unreasonably defending the claim.”
William E. Jenkins v. Timothy Sterling Webb, 624 S.E.2d 115 (Va. Ct. App. 2006).
· cites it 2× “Jenkins also sought an award of attorney’s fees and costs pursuant to Code § 65.2-713. The deputy and commission held that statute provided no basis for an award of fees and costs, and Jenkins does not challenge that ruling in this appeal.”
Roman v. Ondeo Degremont, Inc., 627 S.E.2d 539 (Va. Ct. App. 2006).
· cites it 4× “, Code § 65.2-713 (allowing commission, in its discretion, to sanction an employer or insurer who has “brought, prosecuted, or defended [a proceeding] without reasonable grounds” or who has “delayed payment without reasonable grounds” by “assessing against the [offending]…”
Morris v. Virginia Ret. Sys., 508 S.E.2d 925 (Va. Ct. App. 1999).
· cites it 2× “2-524; payments for costs and attorney’s fees under certain circumstances pursuant to Code § 65.2-713; and payments for cost of living supplements pursuant to Code § 65.”
Virginia Prop. & Cas. Ins. Guar. Ass'n v. Nancy Johnson Miller (Va. Ct. App. 2009).
· cites it 22× “Having failed to do so, claimant requested that the commission enter an order pursuant to Code § 65.2-713 assessing the entire cost of the proceeding against the Guaranty Fund based on its unreasonable defense of the claim and unreasonable delay in the payment of the medical…”
Va. Code Ann. § 65.2-713(A): 22 cases
Philip Morris USA, Inc. v. Wilbur N. Mease, 745 S.E.2d 155 (Va. Ct. App. 2013).
“” The deputy commissioner therefore held the “lack of effort in presenting any defense, in the face of two uncontradicted referrals from treating physicians, dictates the finding[ ] that the claim had been defended without reasonable grounds[,]” and ordered employer to pay…”
Allen & Rocks, Inc. v. Briggs, 508 S.E.2d 335 (Va. Ct. App. 1998).
“AWARD OF ATTORNEY’S FEES The commission awarded $350 in attorney’s fees against employer for unreasonably defending the claim.”
Va. Code Ann. § 65.2-713(B): 2 cases
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