The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commission has exclusive jurisdiction to adjudicate such claims. Its decisions may be appealed to the Virginia Court of Appeals. The Commission is led by a Senior Leadership team consisting of three Commissioners, an Executive Director and a Chief Deputy Commissioner. The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms. Honorable Robert A. Rapaport, Honorable Wesley G. Marshall and Honorable R. Ferrell Newman currently serve as Commissioners. The Commissioners elect a Chairman for a term of three years. Commissioner Rapaport currently serves as Chairman. Ms. Evelyn McGill is the Commission’s Executive Director and Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
The Commission is also directed by statute to administer two other programs. One is the Criminal Injuries Compensation Fund, which assists crime victims. The other is the Birth-Related Neurological Injury Program, which assists children who sustained certain kinds of injuries set forth in the statute at birth.
Authority
The Virginia Workers' Compensation Commission is an independent state agency established by the Virginia General Assembly pursuant to authority in the Constitution of Virginia. The General Assembly, through the legislative process, imparts responsibilities upon the Commission. Additionally, the Commission is authorized to issue rules and regulations to help it carry out its statutory responsibilities.
The Workers' Compensation Act provides for the annual payment of a tax up to 3.25 percent of the basic manual insurance premium calculated by applying the manual premium rates effective on January 1 of the calendar year payroll reporting period. The assessment rate may fluctuate from year to year depending on the Commission's operating costs and fund requirements. Assessment rates for 2015 and 2016 are 2.50% for the Administrative Fund, 0.20% for the Uninsured Employer's Fund, and 0.00% for the Second Injury Fund for a total assessment rate of 2.70%. (The respective maximum rates for the three funds are 2.5 percent, .50 percent, and .25 percent.)
The following titles of the Code of Virginia are pertinent to the VWC:
Title 65.2 - Workers' Compensation Generally
Title 2.2 - Administration of Government
Title 8.01 - Civil Remedies and Procedure
Title 15.2 - Counties, Cities and Towns
Title 17.1 - Courts of Record
Title 19.2 - Criminal Procedure
Title 27 - Fire Protection
Title 38.2 - Insurance
Title 45.1 - Mines and Mining
Title 46.2 - Motor Vehicles
Title 51.1 - Pensions, Benefits and Retirement
Title 58.1 - Taxation
Title 63.2 - Welfare (Social Services)
The following titles of the Virginia Administrative Code contain VWC regulations:
Title 16 - Labor and Employment
Title 6 - Criminal Justice and Corrections
Title 9 - Environment
Title 11 - Gaming
Title 12 - Health
Title 14 - Insurance
Title 18 - Professional and Occupational Licensing
History
The Virginia Workmen's Compensation Act was enacted on March 21, 1918 over a veto by Governor Westmoreland Davis. Modeled on Indiana's statute, The Act created the Industrial Commission of Virginia and operations began on January 1, 1919.
The Industrial Commission of Virginia published and submitted its first Annual Report to Virginia Governor Westmoreland Davis on October 15, 1919. The report detailed that during the first nine months of operation, 10,920 accidents were reported to the Commission, out of which 144 were death claims. Of 2,911 cases involving claims for compensation, only 73 required adjustments through formal hearings and one claim was appealed from the Commission to the courts.