Administrative Code

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Virginia Administrative Code
Title 16. Labor And Employment
Agency 30. Virginia Workers' Compensation Commission
Chapter 50. Rules of the Virginia Workers' Compensation Commission

16VAC30-50-40. Rule 3. Posthearing procedures.

A. Request for review. A request for review of a decision, order, or award of the commission shall be filed by a party in writing with the clerk of the commission within 30 days of the date of such decision, order, or award.

A request for review should assign as error specific findings of fact and conclusions of law. Failure of a party to assign any specific error in its request for review may be deemed by the commission to be a waiver of the party's right to consideration of that error. The commission may, however, on its own motion, address any error and correct any decision on review if such action is considered to be necessary for just determination of the issues.

A copy of the request for review shall be furnished to the opposing party.

B. Written statements. The commission will advise the parties of the schedule for filing written statements supporting their respective positions. The statements shall address all errors assigned, with particular reference to those portions of the record that support a party's position. No schedules for written statements shall be issued in connection with interlocutory appeals, appeals of award orders issued pursuant to agreements, or appeals of decisions accepting or rejecting a change in condition claim or application. However, where a decision accepting or rejecting a change in condition claim or application has been appealed, the non-appealing party shall have 10 days from the date the request for review was filed to provide a written response.

C. Additional testimony. No new evidence may be introduced by a party at the time of review except upon agreement of the parties. A petition to reopen or receive after-discovered evidence may be considered only upon request for review.

A petition on review will be favorably acted upon only when the party requesting the same is able to conform to the rules prevailing in the courts of this state for the introduction of after-discovered evidence.

D. Oral argument. A party may request oral argument at the time of the request for review, and the commission may grant it subject to whatever terms and conditions the commissioners apply to the case. Otherwise, the review shall proceed on the record.

Statutory Authority

§ 65.2-201 of the Code of Virginia.

Historical Notes

Derived from VR405-01-06, Rule 3, eff. January 1, 1994; amended Virginia Register Volume 40, Issue 7, eff. January 4, 2024.

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