In another blog post, we spoke about the two functions of the Virginia Workers Compensation Commission. The first is to process claims.
The second function of the Virginia Workers’ Compensation Commission is the adjudication of specific disputes as they arise during the claim.
A contest can be indicated by the Claimant filling out section ‘B’ of the Claim for Benefits form, or the Employer filing an Application for Hearing, usually to cease or modify benefits. The contest can be clear from the beginning or it can arise on some issue before an agreement is reached.
Types of Hearings
There are two types of hearings before the Commission:
- The first type is an On the Record hearing. Here, no direct testimony is taken. The appropriate Deputy Commissioner will review the record and any position statements before making a decision.
- Evidentiary hearing. Here, the employee and employer and their legal counsel appear before the Deputy Commissioner. Both sides can present evidence and question each other.
After the Hearing, the Commission renders a decision in both types of hearing as to whether the claim is valid and, if so, what the benefit award is. This is not done at the time of hearing. The decision can come days, weeks, or even months after the Hearing.
Review
The losing side or anyone who is upset with the decision (an employee may win the claim but disagree with the benefit award) can make a request, in writing, for a review. The Full Commission in Richmond, consisting of Three Full Commissioners, then decides whether to affirm, reverse, modify or vacate the Deputy Commissioner’s opinion. The process involves the submission of briefs, sometimes Oral Argument, and can take several months.
Appeal to Virginia Court of Appeals
After the review process to the Full Commission, any party can appeal to the next level, which is the Virginia Court of Appeals. This process also involves the submission of briefs, and a decision can take a year or more after the initial decision at the Deputy Commissioner Level.
Virginia Supreme Court
A party aggrieved by a decision of the Court of Appeals may request an appeal to the Virginia Supreme Court. Review by the Supreme Court is discretionary.
Injured Employees Can Count on Virginia Injured Worker’s Lawyer Joe Miller
Joe Miller has been helping injured workers for over a quarter of a century. He has represented clients at all stages of the claims process including trying cases before hearing officers and mediating cases on behalf of the worker. He has won cases on Appeal to the full Commission. He has helped thousands of Virginia injured employees get the work and medical benefits the law allows. He’s been helping injured workers for over 25 years. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.
