Cohen v. Fairfax Hospital Ass'n

Opinion

KEENAN, J.

Elise M. Cohen appeals from a decision in which the commission denied her application for permanent partial disability benefits under Code § 65.1-56 based on its holding that Code § 65.1-55.1 1 created a substantive right, and thus, could not be applied retroactively to extend the limitation period of Code § 65.1-99. 2

We hold that Code § 65.1-55.1 is procedural in nature, that it affects remedy only and disturbs no vested or substantive rights of the employer, and that it was intended to apply retroactively. Accordingly, we find that the commission erred in holding that Code…