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.
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.
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:
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.
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:
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.
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.
The Virginia Workers Compensation Commission has the power to:
Further, the Virginia Workers Compensation Commission must:
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.
Here is a list of deputy commissioners by judicial office:
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.
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.
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.
You have several ways to contact the Virginia Workers Compensation Commission.
First, visit the Commission’s headquarters at 333 E. Franklin Street, Richmond, VA 23219.
Second, visit one of the Commission’s regional offices:
Call (877) 664-2566 to reach the Commission’s Customer Contact Center with general questions.
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.
The Commission has several fax numbers.
Its key fax numbers include:
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.
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.
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.