Question 1

Can my employer stop paying workers' comp benefits without filing anything?

Accepted Answer

No. Under Virginia Code § 65.2-708 and Commission Rule 1.4, an employer obligated to pay benefits under an active Commission award must file a formal Application for Hearing to suspend or terminate benefits based on a change in condition. Simply stopping payments without a filing and without Commission approval violates the award and keeps the employer legally exposed for ongoing obligations.

Question 2

What is a technical rejection by the Virginia Workers' Compensation Commission?

Accepted Answer

A technical rejection means the Commission refused to process an application because it failed to meet mandatory procedural requirements — such as certifying the date payments continued through. If the Commission dismisses the application before reviewing the merits, the employer loses the ability to litigate its substantive defenses without making additional payments or curing the defect.

Question 3

Does a full-duty release automatically end my workers' comp benefits?

Accepted Answer

No. A full-duty release is evidence — not a termination order. An employer must present that evidence through a proper Commission application. Until the Commission modifies the award, the employer's payment obligations continue regardless of what the doctor's note says.

Tag Archives: impairment rating

Another Win Before the Court of Appeals of Virginia