John P. Kavanaugh, Jr. v. Virginia Birth-Related Neurological Injury Compensation Program

D. ARTHUR KELSEY, Judge.

In this case, the Virginia Workers’ Compensation Commission enforced a reimbursement guideline issued by the Virginia Birth-Related Neurological Injury Compensation Program and denied a request by the claimants for reimbursement of covered expenses. We reverse, finding the Program’s guideline cannot be justified under the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000 et seq.

I

John and Julie Kavanaugh, parents of John Kavanaugh, Jr., filed a petition with the commission pursuant to Code § 38.2-5004. The petition claimed their son was born…