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There are three Commissioners of the VWC with offices in Richmond, Virginia. The General Assembly selects the Commissioners. The Commissioners oversee the VWC and decide cases seeking review of decisions of the Deputy Commissioners and other VWC staff. The three Commissioners are Virginia R. Diamond, Chairman, Lawrence D. Tarr, and William L. Dudley, Jr.
The Deputy Commissioners conduct evidentiary hearings and decide disputed cases. They prepare the record used by the Commissioners to decide requests for review of the Deputies decisions. Before hearings are held, the parties are permitted pre-hearing discovery including depositions, interrogatories, production of documents and requests for admission. Hearings are usually scheduled for 30 minutes. Medical reports are normally used instead of expert medical testimony at the hearing. Parties should submit a summary of their positions and designate medical reports, records or deposition testimony to be received in evidence. Some cases, particularly those not requiring credibility findings, are referred to Dispute Resolution for prompt resolution.
A party may seek review of a decision regarding referral to the docket, a hearing decision or Dispute Resolution decision by filing a request for review to the three Commissioners within 20 days of the decision. The Request for Review must set forth specific assignments of error of fact or law. On review, new evidence is generally not permitted. Parties file brief written statements supporting their positions, and the Commission may allow oral argument.
Once the Commissioners have rendered a decision on review, an aggrieved party is entitled to an appeal of right to the Virginia Court of Appeals. Thereafter, further appeal to the Supreme Court of Virginia is discretionary.
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