State Codes and Statutes
Statutes > Virginia > Title-8-01 > Chapter-7 > 8-01-273-1§ 8.01-273.1. Motion for judgment; motion to refer; Virginia Birth-RelatedNeurological Injury Compensation Act.
A. In any civil action, where a party, who is a participating hospital orphysician as defined in § 38.2-5001, moves to refer a cause of action to theWorkers' Compensation Commission for the purposes of determining whether thecause of action satisfies the requirements of the Virginia Birth-RelatedNeurological Injury Compensation Act (§ 38.2-5000 et seq.), the court shallforward the motion to refer together with a copy of the motion for judgmentto the Commission and stay all proceedings on the cause of action pending anaward and notification by the Commission of its disposition; provided,however, that the motion to refer the cause of action to the Workers'Compensation Commission shall be filed no later than 120 days after the dateof filing a grounds of defense by the party seeking the referral.
B. Upon entry of the order of referral by the court, the clerk of the circuitcourt shall file with the Workers' Compensation Commission within thirty daysa copy of the motion for judgment and the responsive pleadings of all theparties to the action. The clerk shall copy all counsel of record in thecivil action on the transmittal letter accompanying the materials being filedwith the Workers' Compensation Commission. All parties to the civil actionshall be entitled to participate before the Commission upon filing a noticeof appearance with the Clerk of the Commission within twenty-one days afterreceipt of the transmittal letter to the clerk of the circuit court.Notwithstanding the provisions of § 32.1-127.1:03, the moving party shallprovide the Commission with an original and five copies of the following:appropriate assessments, evaluations, and prognoses and such other recordsobtained during discovery and are reasonably necessary for the determinationof whether the infant has suffered a birth-related neurological injury. Themedical records and the pleadings referenced in this subsection shallconstitute a petition as referenced in § 38.2-5004. The moving party shall bereimbursed for all copying costs upon entry of an award of benefits asreferenced in § 38.2-5009.
(1999, c. 822; 2000, c. 207.)
