About the Commission: Virginia’s Workers Compensation Board

 

The Virginia Workers Compensation Commission (VWC) reviews agreements between claimants, employers, insurance companies, and medical providers and decides disputes. Learn more about its role in your claim.

 

If you suffer a work-related injury or are diagnosed with an occupational disease, you may spend a lot of time communicating with the Virginia Workers Compensation Commission.

 

The Virginia Workers Compensation Commission is the state government agency responsible for deciding claims of injured workers.

 

This article explains the Commission’s mission, powers, and responsibilities, how to contact it, and what you can do to ensure compliance with the Virginia Workers Compensation Commission’s Rules.

 

Failure to follow the Rules may result in missing out on available workers compensation benefits, which can cost you tens of thousands of dollars in wage loss payments and medical expenses.

 

Read on to learn more.

 

Then call us at (804) 251-1620 or (757) 810-5614 with questions about workers compensation law.

 

Our personal injury law firm has negotiated tens of millions of dollars in workers compensation settlements for deserving employees. Contact us to see if we will represent you.

 

 

What is the Workers Compensation Commission’s Mission?

 

The Virginia Workers Compensation Commission’s mission is:

 

To serve injured workers, victims of crimes, employers, and related industries by providing exceptional services, resolving disputes, and faithfully executing the duties entrusted to it by the Commonwealth of Virginia.

 

Where Does the Commission’s Power Come From? 

 

The Virginia General Assembly grants powers to the Workers Compensation Commission through statutes in the Code of Virginia.

 

Virginia Code Sections 65.2-200 through 65.2-205 detail many of the Commission’s responsibilities and powers. These statutes include:

 

• 65.2-200: Industrial Commission continued as the Virginia Workers Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office.

 

• 65.2-201: General duties and powers of the Commission.

 

• 65.2-202: Subpoena powers of the Commission; production of records and papers.

 

• 65.2-203: Powers and duties of deputy commissioners.

 

• 65.2-204: Administrative provisions: offices, meetings, travel, salary, and expenses.

 

• 65.2-205: Ombudsman program; confidentiality. 

 

In addition, Virginia Code Sections 65.2-704, 65.2-705, and 65.2-714 grant the Workers Compensation Commission additional powers, including the power to resolve medical fee disputes between employers, insurers, and health care providers.  

 

Over the years, the Virginia Supreme Court and the Court of Appeals of Virginia have issued judicial opinions interpreting these statutes and clarifying the Commission’s powers. 

 

Who Runs the VA Workers Compensation Commission?

 

The Workers Compensation Commission consists of three members elected by the General Assembly: a representative of employers, a representative of claimants, and a “neutral” member, typically someone who represented claimants, employers, and insurers while in private practice. 

 

The current Commissioners leading the Virginia Workers Compensation Commission are:

 

• Honorable Robert A. Rapaport (a former insurance defense attorney in Hampton Roads, VA)

 

• Honorable Wesley G. Marshall (a former claimants’ attorney in Fredericksburg, VA)

 

• Honorable R. Ferrell Newman (a former attorney in Richmond, VA)

 

Our law firm handled workers compensation claims against each of these Commissioners when they were in private practice. Indeed, we negotiated settlements for injured workers when Commissioner Rapaport and Commissioner Newman represented the insurance companies and claim administrators (companies such as Gallagher Bassett, Sedgwick, PMA, ESIS, Corvel, etc.). 

 

In addition to these three Commissioners, an Executive Director and a Chief Deputy Commissioner help lead the Workers Compensation Commission. 

 

Ms. Evelyn McGill is the Commission’s Executive Director. 

 

The Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. He sometimes handles evidentiary hearings on the Eastern Shore of Virginia and is crucial in the Commission’s Pilot Program for Petitioning Authorization of Medical Treatment. This program helps injured employees obtain medical treatment denied by insurers.  

 

Is the Workers Compensation Commission a Court?

 

Although separate from the Virginia court system, the Workers Compensation Commission has the power of a court of record when adjudicating issues and controversies that fall under the Workers Compensation Act. Indeed, it can take judicial, legislative, and discretionary action.

 

What are the Commission’s Powers and Responsibilities?

 

The Virginia Workers Compensation Commission has the power to:

 

• Administer oaths to parties and witnesses during workers compensation hearings.

 

• Compel the attendance of witnesses at deposition or trial (using its subpoena powers). 

 

• Compel the production of documents (including papers, photographs, videos, and objects) (also using its subpoena powers).

 

• Quash subpoenas. 

 

• Punish for contempt. 

 

• Order sanctions. 

 

• Appoint guardians, especially in cases involving children seeking death benefits.

 

• Hear the parties at issue and their witnesses. 

 

• Limit the issues heard at trial.

 

• Rule on the admissibility of evidence at trial. 

 

• Determine the weight of the evidence. 

 

• Dismiss claims with or without prejudice.

 

• Strike pleadings. 

 

• Strike defenses. 

 

• Exclude witnesses or documentary evidence. 

 

• Accept or reject stipulations.

 

• Determine the disputed issues in a summary manner. 

 

• Enter awards granting or denying workers compensation benefits.

 

• Reconsider any factual or legal issues it has already decided (although it usually does not review its past determinations).

 

• Enforce compliance with its orders and awards.

 

• Appoint deputy commissioners and bailiffs.

 

• Certify orders. 

 

• Ensure employer and insurance compliance with the workers compensation statutes.

 

• Set the fees for witnesses and medical experts. 

 

• Hold hearings at any place within the Commonwealth of Virginia. 

 

• Determine the charges for hospitals, doctors, and other medical providers when there is a dispute of the payment of charges for medical services. 

 

• Set attorney’s fees and award them.  

 

• Provide settlement mediation services to the parties. 

 

• Review proposed compromise and release agreements. 

 

• Create an Ombudsman program.

 

Further, the Virginia Workers Compensation Commission must:

 

• Make rules and regulations to carry out the Workers Compensation Act.

 

• Publish and furnish blank forms and literature to promote the Act’s administration.

 

• Publish a guide for employees that informs an injured employee of their rights. The Commission sends this guide whenever it receives notice of an accident. 

 

• Publish an Annual Report with work-related injury statistics based on reports from employers, insurers, and claim administrators. 

 

• Maintain the Uninsured Employers Fund (“UEF”).

 

• Administer the Criminal Injuries Compensation Fund (you might have a claim with this program if you are a victim of workplace violence), the Medical Costs Peer Review Program, the Second Injury Fund, and the Virginia Birth-Related Neurological Injury Compensation Act (BRNICA).

 

What Do Deputy Commissioners Do?

 

In Virginia, deputy commissioners serve as the trial judges for workers compensation disputes. In addition, many deputy commissioners serve as mediators during settlement conferences.

 

The Commission can appoint/hire deputy commissioners and assign them to specific judicial office locations.

 

If you disagree with the insurer or claim administrator about any part of your claim, a deputy commissioner will hear the evidence and issue a judicial opinion deciding the case.

 

The three Commissioners can review deputy commissioners’ opinions and affirm, modify, or reverse them if one of the parties requests a review.

 

Who are the Deputy Commissioners of the Virginia Workers Compensation Commission? 

 

Here is a list of deputy commissioners by judicial office:

 

Richmond

 

• James J. Zablewicz, Chief Deputy Commissioner

 

• Frederick M. Bruner, Deputy Commissioner (he oversees the settlement department)

 

• John T. Cornett, Jr.

 

• Angela F. Gibbs

 

• Linda M. Gillen

 

• Brooke Anne C. Hunter

 

• Andrea White Lee (she handles many hearings in Williamsburg/James City County)

 

• P. Randolph Roach, Jr.

 

Bristol

 

• Christen Burkholder

 

• D. Edward Wise, Jr.

 

Fairfax

 

• Susan E. Cummins

 

• John S. Nevin

 

• Dana L. Plunkett

 

• Joshua M. Wulf

 

Harrisonburg

 

• William R. Culbreth

 

• P. Jason Cording

 

Manassas

• Jimese P. Sherrill

 

• W. Geovanni Munoz

 

• William T. Kennard

 

Roanoke

 

• Deborah W. Blevins

 

• Robert M. Himmel

 

• Linda Slough

 

Virginia Beach

 

• Lynee M. Ferris

 

• Terry Jenkins

 

• Lee E. Wilder (he presides over hearings held in Hampton and Franklin, including Newport News work accidents)

 

Each deputy commissioner runs their court room in a particular way. 

 

We recommend talking to attorneys who have practiced before the deputy commissioner assigned to your case, so you know what to expect and what evidence to present. 

 

Does Anyone Review the Decisions of the Virginia Workers Compensation Commission?

 

Yes.

 

While the General Assembly generally oversees the Commission, specific state courts have the power of judicial review over opinions entered by the Workers Compensation Commission. 

 

For example, parties to a case have an automatic appeal of right to the Court of Appeals of Virginia. However, the appellate court must defer to the Commission’s factual findings if any credible evidence exists to support them. 

 

Further, any party unhappy with the Court of Appeals opinion may petition the Supreme Court of Virginia to hear its case. 

 

What is the Workers Compensation Ombuds Department?

 

In Virginia, the Workers Compensation Commission has created an Ombudsman program.

 

This department provides neutral education information and assistance to unrepresented persons.

 

The Ombuds cannot give legal advice. However, she can provide information and resources to help a worker, employer, or medical provider decide how to proceed.

 

How Do I Contact the Virginia Workers Compensation Commission?

 

You have several ways to contact the Virginia Workers Compensation Commission. 

 

In-Person

 

First, visit the Commission’s headquarters at 333 E. Franklin Street, Richmond, VA 23219. 

 

Second, visit one of the Commission’s regional offices:

 

• Bristol Regional Office: 425 State Street, Suite 200, Bristol, VA 24201, Tel: (276) 889-7644

 

• Fairfax Regional Office: Prosperity Plaza, 3020 Hamaker Court, Suite 200, Fairfax, VA 22031, Tel: (703) 207-7152

 

• Harrisonburg Regional Office: 136 W. Elizabeth St., Suite 101, Harrisonburg, VA 22802, Tel: (540) 433-7701

 

• Manassas Regional Office: Sudley Tower, 7900 Sudley Road, Suite #500, Manassas, VA 20109, Tel: (703) 257-7994

 

• Roanoke Regional Office: 3800 Electric Road, Suite 200, Roanoke, VA 24018

 

• Virginia Beach Regional Office: 281 Independence Boulevard, Suite 310, Virginia Beach, VA 23462

 

By Phone

 

Call (877) 664-2566 to reach the Commission’s Customer Contact Center with general questions.

 

By Email

 

The Virginia Workers Compensation Commission and its employees have many email addresses.

 

However, you can email Questions@workcomp.virginia.gov for general questions.

 

Otherwise, the Commission prefers mailed correspondence or telephone calls.

 

By Fax

 

The Commission has several fax numbers.

 

Its key fax numbers include:

 

• Clerk’s Office: 804-823-6957

 

• Claims Services Department: 804-823-6956

 

• Insurance Department: 804-418-4917

 

• Alternative Dispute Resolution: 804-823-6904

 

• Customer Contact Center: 804-418-4920

 

• Petition and Order: 804-418-4916

 

• Show Cause: 804-823-6939

 

By WebFile

 

WebFile is the Commission’s electronic record portal. It allows you to view information about your claim and submit pleadings, documents, motions, requests for review, and other necessary papers.

 

Visit the Commission’s Website

 

If you can’t find what you are looking for, we encourage you to read the other articles on our website or to visit the Virginia Workers Compensation Commission’s website at https://workcomp.virginia.gov.

 

Helping Injured Employees Communicate with the Virginia Workers Compensation Commission

 

One of the primary goals of workers compensation is to create a more efficient system than civil courts for handling occupational injury and illness claims.

 

The Virginia Workers Compensation Commission contributes to this by promoting cooperation between employees, employers, insurers, claim administrators, and medical providers through its rules, regulations, and actions.

 

However, disagreements occur.

 

And you must look to the Commission to resolve the fight when they do.

 

Our law firm understands how the Virginia Workers Compensation Commission works and what it requires. Let us help you resolve your case.