Va. Code 65.2-105. Where an injured worker is physically or mentally unable to testify concerning an injury, and there is unrebutted evidence that the injury was work related, then there will be presumption that the injury was work related. This statute attempts to address situations where an injured employee is unable to recall (e.g., due to coma or amnesia) the facts of an injury that occurred during the course of employment. The new statute was effective on 7/1/2011, and will most likely apply to injuries occurring on or after that date. (HB 1475 and SB 823)
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For more information, or copies of the statute, please contact Ben Trichilo at (703) 934-1198.