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Guide to Virginia Workers’ Compensation Law

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D. Appeal Structure After the initial hearing, either party can request a Review by the Full Commission, a body of three Commissioners appointed for staggered six year terms by the General Assembly. The Act requires that not more than one of the three be designated as a representative of employers, not more than one be designated as a representative of employees, and the third is typically considered the "neutral" or representing the interests of justice, although this is not a statutory requirement. After the three Commissioners render a decision, there is an appeal of right to the Virginia Court of Appeals. From there, a party may attempt an appeal to the Supreme Court of Virginia. Absent a constitutional question or issue of significant precedential value, however, the Supreme Court will not hear the case.

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