Va. Code Ann. § 65.2-708 generally bars an injured worker from seeking compensation benefits, that is, lost wages, if a claim is not filed within 24 months of the date where compensation was last paid pursuant to an order under the Va. Workers’ Compensation Act (permanent loss and extraordinary equitable circumstances exempted). While this bar is not jurisdictional and can be waived, see Diaz v. Wilderness Resort Ass'n & Liberty Mut. Ins. Co., 56 Va. App. 104, 116, (2010), it is not uncommon for employers, insurers, and defense counsel to carefully track the date 24 months from the termination of a claimant’s wage benefits. What used to be a popular trick with claimant’s attorneys was to send their client for a follow-up appointment with the treating physician every 18 months or so, and file a related claim for benefits. The hope and theory were to keep this statutory period from running out and essentially ending a claimant’s entitlement to wage benefits by resetting the 24 month clock. Perhaps the best example of this was in Hitchcock v. Chesapeake Bagel Bakery, VWC File No. 192-32-27 (January 24, 2007) where the claimant was injured in 1998 working in the retail food industry, remained on wage benefits until October 2003, and returned to the treating doctor in September 2005, one month before she would have lost entitlement to wage benefits. Worse, the claimant’s complaints to the doctor in that appointment were purely subjective – pain, but no swelling, and good range of motion – and the claimant at this point was a paralegal earning “far more than her average weekly wage at the time of the injury.” The claimant did not work the day of the appointment. She opted to not work the next day (there is no indication this was medical leave, ie. “the claimant credibly testified that she told [her doctor] that she was taking the next day off to rest, and that his note supported that choice”). Still, the claimant sought one day of temporary total disability benefits (“TTD”), a total windfall to her, with the added benefit of keeping her ability to receive wage benefits alive. Citing cases holding that it is loss of earning capacity, rather than loss of wages, that was being compensated, the Commission awarded one day of TTD, thereby tolling the statute for another 2 years.