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Berner v. Mills

Citations: 579 S.E.2d 159; 265 Va. 408; 2003 Va. LEXIS 52Docket: Record 021006

Court: Supreme Court of Virginia; April 17, 2003; Virginia; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Virginia Supreme Court reviewed whether the Court of Appeals correctly affirmed the Workers' Compensation Commission's decision that it lacked jurisdiction over a wrongful death claim under the Virginia Birth-Related Neurological Injury Compensation Act. The case concerned the death of an infant following a birth-related injury and subsequent wrongful death suit filed by the parents against a physician and a professional corporation. Initially, the circuit court referred the case to the Commission, coinciding with a Supreme Court decision that excluded professional corporations from the Act's jurisdiction. An amendment to Code 38.2-5001 later expanded definitions to include such entities but was not applied retroactively to existing claims. The Commission and Court of Appeals held that the amendments only applied prospectively, as retroactive application lacked explicit legislative intent. The appellate court's decision was affirmed, maintaining the Commission's lack of jurisdiction over the corporation, and upholding the principle that amendments labeled as 'reenacted' operate prospectively unless stated otherwise. The court did not evaluate potential impacts on the Mills' vested rights.

Legal Issues Addressed

Declaratory of Existing Law and Retroactivity

Application: The phrase 'declaratory of existing law' does not imply retroactive intent.

Reasoning: The phrase 'declaratory of existing law' does not imply retroactive intent, and the defendants' interpretation would undermine the statutory requirement for retroactive application.

Jurisdiction under Virginia Birth-Related Neurological Injury Compensation Act

Application: The Act typically prevents infants with birth-related injuries from pursuing tort claims against participating physicians or hospitals unless the Commission has exclusive jurisdiction.

Reasoning: The defendants sought to refer the case to the Commission to determine if it had exclusive jurisdiction under the Act, which typically prevents infants with birth-related injuries from pursuing tort claims against participating physicians or hospitals.

Prospective Application of Statutes

Application: The court emphasized that statutes are presumed to operate prospectively unless a clear legislative intent for retroactivity is evident.

Reasoning: The Court, however, disagreed, emphasizing that retroactive laws are generally disfavored and that statutes are presumed to operate prospectively unless a clear legislative intent for retroactivity is evident.

Reenacted Statute and Retroactivity

Application: A 'reenacted' statute is only retroactive if it explicitly states so, as per Code 1-13.39:3.

Reasoning: The section clarifies that a 'reenacted' statute is only retroactive if it explicitly states so in accordance with Code 1-13.39:3.

Statutory Amendment and Jurisdiction

Application: Amendments to Code 38.2-5001 expanded the definition of 'participating physician' to include professional corporations, but were not applied retroactively to the Mills' claims.

Reasoning: The amended Code 38.2-5001 expanded the definition of 'participating physician' to include professional corporations or entities through which physicians practice. The deputy commissioner also determined that the April 1, 2000 amendments did not apply retroactively to the Mills' claims.