After the Hearing

After the hearing, the Deputy Commissioner will issue a written order, called an Opinion, that outlines their decision. This document will include a statement of the testimony and evidence taken at the hearing, a review of the medical records, an explanation of the law and how it applies to the facts of the case, and a decision on whether and what benefits were awarded. It will also include an explanation of what steps may be taken if a party disagrees with the decision.

Review the Opinion

After the hearing, the Deputy Commissioner will issue a written decision, as soon as possible. This will be uploaded to the Commission’s online portal, WebFile. All parties who are NOT paperless or who have not registered for a WebFile account will also receive a copy of the decision in the mail.

If help is needed understanding the Order and you are not represented by an attorney, please contact the VWC Ombuds Department.

The Appeal Process

If either party disagrees with an Opinion that has been issued, they can appeal to the next level within 30 calendar days of the date of the Opinion. If no appeal is received, then the decision will be final.

Level 1: Evidentiary Hearing

An Evidentiary hearing is a formal hearing in which the parties personally appear before a Deputy Commissioner. Witnesses can testify and physical evidence is presented to resolve factual disputes.

Level 2: Review by the Full Commission

If either party disagrees with the Deputy Commissioner’s Opinion from an evidentiary hearing, they may request a review of the full Commission by filing a Request for Review. This is a written letter asking the Full Commission to review/appeal the Deputy Commissioner’s decision.

This request must be filed within 30 days of the date of the Deputy Commissioner's Opinion. The request may be submitted by U.S. Mail, fax, hand-delivery or upload through the Commission’s online portal, WebFile. If mailed, the appeal must be sent by certified mail in order to deem the postmark date as the date of filing. If the appeal is sent by regular U.S. Mail, the date received is the filing date.

After the request is filed:

  • Any party may request a transcript of the hearing, if one was held.
  • The Commission will issue a briefing schedule for all parties to submit written statements.
  • No new testimony or additional evidence may be submitted during the review.
  • After all written statements are received, the Commission decides whether to schedule oral argument.
    • If yes, the parties will receive notice of the date and time.
    • If no, the Full Commission will decide the case based on the record and written statements and issue its Opinion.

Level 3: Court of Appeals of Virginia

If either party disagrees with the Commission's Opinion, it may appeal to the Court of Appeals of Virginia by filing the following:

To the Clerk of the Commission:

  1. Written Notice of Appeal
  2. $35 filing fee
  3. $500 appeal bond

To the Clerk of the Court of Appeals:

  1. Notice of appeal to the VA Court of Appeals
  2. $50 filing fee

Money to be paid for an appeal to the Virginia Court of Appeals:
A check or money order will be accepted, made payable to the Treasurer of Virginia.

  • $35 fee and
  • $500 bond

The appeal must be filed within 30 days of the date of the Commission's Opinion. The appeal must be sent by certified mail in order to deem the postmark date as the date of filing. If the appeal is sent by regular U.S. Mail, the date received is the filing date.

Learn more about filing appeals.

If filing an appeal without an attorney, please review the VA Court of Appeals’ Guide to Self-Representation.

Level 4: The Supreme Court of Virginia

Either party may appeal the Court of Appeal's decision to the Supreme Court of Virginia. The appeal will be heard only at the Court's discretion, and no new evidence is allowed.

Read more about the Supreme Court of Virginia