A. Every employer shall keep a record of all injuries or deaths of its employees which occur in the course of employment. Within ten days after the occurrence of such injury or death, and knowledge of injury as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured employer, its insurance carrier, in accordance with regulations adopted by the Commission which may authorize the transmission of such reports in written, magnetic, electronic or facsimile media. The Commission shall provide forms and instructions for reporting as required by this section. The Commission shall provide the Department of Labor and Industry with such reports.
B. The accident report shall contain the name, nature and location of the business of the employer and the name, age, sex and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury and the nature and cause of the injury, together with such other information as may be required by the Commission. However, those injuries deemed minor by the Commission shall be reported in the manner prescribed by the Commission.
Code 1950, § 65-115; 1956, c. 351; 1968, c. 660, § 65.1-124; 1991, c. 355; 1995, c. 86.
Notes of Decisions
Hall v. Winn-Dixie Stores, Inc., 589 S.E.2d 484 (Va. Ct. App. 2003).
· cites it 10× “2-600, triggers the filing of the Employer’s First Report under Code § 65.2-900, 2 which *839 in turn causes the commission to mail its blue letter and compensation guide to the claimant, as required by Code § 65.”
Tuck v. Goodyear Tire & Rubber Co., 623 S.E.2d 433 (Va. Ct. App. 2005).
· cites it 4× “Although employer filed the EFRA on April 23, 2001, which was outside the filing period as required by Code § 65.2-900, there is no evidence that the late filing of the EFRA caused claimant any prejudice, such that it affected claimant’s ability to file her claim prior to the…”
Bristol Newspapers, Inc. v. Shaffer, 432 S.E.2d 23 (Va. Ct. App. 1993).
· cites it 7× “Both statutes tolled the limitations period when the employer “received notice of an accident resulting in compensable injury” and “paid compensation or wages” to the injured employee, as occurred here, provided “such conduct” prejudiced “the rights of [the] employee with…”
Metl-Span 1, Ltd. v. Carter, 644 S.E.2d 101 (Va. Ct. App. 2007).
· cites it 7× “Code § 65.2-900, referenced in the above, outlines the employer’s responsibility to notify the commission of an accident and reads, in pertinent part: “Within ten days after the occurrence of such injury or death, and knowledge of injury as provided in § 65.”
Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005).
· cites it 3× “This delay placed Wal-Mart in violation of Va.Code § 65.2-900, which requires employers to file a report with the Commission within ten (10) days of receiving an injury report from an' employee.”
Jenkins v. Ford Motor Co., 498 S.E.2d 445 (Va. Ct. App. 1998).
· cites it 4× “Employer filed a Form 45A report of minor injury, and the duty to file a formal First Report arises only when the medical expenses paid by employ *291 er for claimant exceed $1,000.”
Jones v. Gwaltney of Smithfield, Ltd., 675 S.E.2d 220 (Va. Ct. App. 2009).
· cites it 5× “Under this language of the statute, in order to toll the statute of limitations, claimant must prove: (1) the employer received a notice of the accident as required by Code § 65.”
Falls Church Cabinetry v. Jewell, 724 S.E.2d 236 (Va. Ct. App. 2012).
· cites it 18× “Employer appealed to the commission. Upon review, the commission affirmed the deputy commissioner's opinion.”
Gerald Albert Adkins v. Nabisco Biscuit (Va. Ct. App. 1997).
· cites it 7× “, the employer files the first report of accident as required by Code § 65.2-900 or the employee receives a workers' compensation guide after the accident, the statute provides for a per se absence of prejudice with respect to the employee's right to file a timely claim.”
Sears Roebuck & Co. v. William Larry Cruse (Va. Ct. App. 2010).
· cites it 4× “For example, under that code section, if an employer received an initial notice of the accident and either “paid compensation or wages to such employee during incapacity for work” or “failed to file the report of said accident” in compliance with Code § 65.”
— Va. Code Ann. § 65.2-900(A) — 2 cases
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