Supplemental disability benefits payable to a participating employee who fails to cooperate with a rehabilitation program prescribed for the employee shall be decreased by 50 percent of the amounts otherwise payable to such employee. In determining the amount of any reduction in benefits under this section, the participating employee shall be presumed to continue to receive benefits payable under the Act. Failure to comply with a vocational rehabilitation assessment process at any time the employee is receiving supplemental disability benefits may constitute a failure to cooperate for purposes of this section.

Terms Used In Virginia Code 51.1-1168

  • Act: means the Virginia Workers' Compensation Act (§ 65. See Virginia Code 51.1-1150
  • Disability: means a partial disability or total disability. See Virginia Code 51.1-1150
  • Participating employee: means any eligible employee required to participate in the program. See Virginia Code 51.1-1150
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Program: means the program providing short-term disability and long-term disability benefits for participating employees established pursuant to this chapter. See Virginia Code 51.1-1150

2012, cc. 701, 823.

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