Virginia Code

Va. Code Ann. § 65.2-902 (2026)

Failure to make required reports; civil penalty

✓ current as of May 2026

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A. Any employer, insurance carrier, self-insurer, group self-insurance association, or third party administrator who fails to make any report required by the Commission pursuant to this title shall be assessed a civil penalty of not more than $500 for each failure. If the Commission determines that any such failure is willful, it shall assess a civil penalty of not less than $500 and not more than $5,000. The civil penalty herein provided may be assessed by the Commission in an open hearing with the right of review and appeal as in other cases.

B. Any civil penalty assessed pursuant to this section shall be divided equally between and paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.) and the Uninsured Employer's Fund established in Chapter 12 (§ 65.2-1200 et seq.). The Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund established in Chapter 10 (§ 65.2-1000 et seq.).

Code 1950, § 65-118; 1968, c. 660, § 65.1-127; 1970, c. 470; 1991, c. 355; 1993, c. 378; 2014, c. 203.

Notes of Decisions

Cited in 5 cases, 1999–2015 · leading case: Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005).

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Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005). · cites it 6× “Taylor’s contention seems to implicate Va.Code § 65.2-902 because Wal-Mart was, in fact, late in filing a notice of Mr.”

The Cura Grp., Inc. v. Virginia Workers' Comp. Comm'n, 612 S.E.2d 735 (Va. Ct. App. 2005). · cites it 4× “” Each separate opinion addressed Cura’s failure to report on behalf of one of its thirty-four client companies, and each assessed a $5,000 fine, based on Code § 65.2-902, 1 for Cura’s “willful” failure to provide the required information for that particular client company.”

Gene Forbes Enter. d/b/a McDonald's of Tazewell & Arch Ins. Co. v. Janis R. Cooper (Va. Ct. App. 2015). · cites it 4× “Vascik’s questionnaire constituted an abuse of discretion because, under Code § 65.2-902 and Rule 4.2 of the Rules of the Commission, such a document constitutes a “required report” and because Rule 2.”

North Star Home Improvement v. John W. Heddi (Va. Ct. App. 2004). · cites it 2× “Rather, Code § 65.2-902 provides for the assessment of civil penalties against an employer who fails to make any report required by the commission pursuant to the Act, which shall be paid into the Uninsured Employer’s Fund.”

Joleane Dutzman v. J. Douglas Wooddell, DDS (Va. Ct. App. 1999). “2 of the Rules of the Virginia Workers' Compensation Commission and Code § 65.2-902, the commission fined employer's counsel for his oversight.”

— Va. Code Ann. § 65.2-902(A) — 1 case

The Cura Grp., Inc. v. Virginia Workers' Comp. Comm'n, 612 S.E.2d 735 (Va. Ct. App. 2005). “” Each separate opinion addressed Cura’s failure to report on behalf of one of its thirty-four client companies, and each assessed a $5,000 fine, based on Code § 65.2-902, 1 for Cura’s “willful” failure to provide the required information for that particular client company.”

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