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.

Virginia Workers' Compensation Commission

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.

Virginia Workers' Compensation Commission

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.)

Virginia Workers' Compensation Commission

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.