§ 3-7-30. Processing disabilities.

(a)

Upon receiving a member's or the employer's written request for disability benefits, the Board shall require the member to submit, from a physician of the member's choice, a written report of findings and recommendations. The Board shall then select a physician of its choice and require the member to submit to a medical examination. In the event there is not a clear preponderance of medical evidence from the above two physicians, a third physician shall be selected by the original two physicians, who shall also examine the member and submit a written report of findings and recommendations.

(b)

A waiver of examinations, as required by this Section, may be made by either the Board or member for justifiable causes; but in no event shall any member be granted disability benefits without submitting to at least one medical examination.

(c)

Failure of any member to submit to medical examination as required by this Section may result in the denial, loss or reduction of the member's disability benefits.

(d)

Any member submitting a written request for disability benefits on or after the effective date [of Ord. No. 24-85-3] shall, prior to or simultaneously with submitting such request, apply for all workers' compensation benefits to which he or she may be entitled. The member shall also be required to submit to the Board copies of the dispositions as made of his or her workers' compensation claims and any subsequent awards or other documents reflecting any modification or termination of any awarded workers' compensation benefits. With respect to the determination of a member's eligibility for disability benefits, the Board shall give great weight to the decisions of the Virginia Workers' Compensation Commission, the Court of Appeals of Virginia, and the Supreme Court of Virginia on the compensability of his or her disability under the Virginia Workers' Compensation Act, and the Board may modify its prior determination of his or her eligibility under this Section in light of any such decision within 90 days after the date such decision becomes final. (20-81-3; 24-85-3; 13-92-3; 4-16-3.)