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VA · rules

Va. Sup. Ct. R. 5A:11

Special Rule Applicable to Appeals From the Virginia Workers' Compensation Commission

activein force · 2021-06-01 – presentact-effective-date

(a) Non-Application of Other Rules. – Rules 5A:6 through 5A:10 do not apply to

appeals from the Virginia Workers' Compensation Commission except as otherwise

specified in this Part Five A.

(b) Notice of Appeal. – No appeal from an order of the Commission will be allowed

unless, within 30 days after entry of the order appealed from, counsel files with the clerk

of the Virginia Workers' Compensation Commission a notice of appeal which must state

the names and addresses of all appellants and appellees, the name, Virginia State Bar

number, mailing address, telephone number (including any applicable extension),

facsimile number (if any), and e-mail address (if any) of counsel for each party, and the

mailing address, telephone number, facsimile number (if any), and e-mail address (if any)

of any party not represented by counsel, and whether the appellant challenges the

sufficiency of the evidence to support the findings of the Commission. A copy of the

notice of appeal also must be filed in the office of the clerk of this Court, and except as

otherwise provided by law, must be accompanied by the $50 filing fee required by

statute. The fee is due at the time the notice of appeal is presented. The clerk of this Court

may file any notice of appeal that is not accompanied by such fee if the fee is received by

the clerk within ten days of the date the notice of appeal is filed. If the fee is not received

within such time, the appeal will be dismissed.

(c) Record on Appeal. – The record on appeal from the Commission consists of the

originals or copies of the notice of appeal, the employer’s first report, medical reports,

applications for hearings, the transcript of any hearing, depositions, interrogatories and

answer to interrogatories, and opinions of a commissioner or deputy commissioner and

opinions of the Commission, together with such other material as may be certified by the

clerk of the Commission and must conform as nearly as practicable to the requirements of

Rule 5A:10 (b), provided, that, unless it is stated in the notice of appeal that the appellant

challenges the sufficiency of the evidence to support the findings of the Commission, the

clerk of the Commission need not prepare or certify the transcript of any hearing.

(d) Transmission of Record. – The record must, as soon as it is certified by the clerk of

the Commission, be transmitted by that clerk to the clerk of this Court. It must be so

transmitted within 30 days after filing of the notice of appeal.

(e) Notice of Filing. – The clerk of this Court must promptly notify all counsel of the

date on which the record is filed in the office of the clerk of this Court.

(f) Separate Cases. – Whenever two or more cases were tried together in the Virginia

Workers' Compensation Commission, one notice of appeal and one record may be used

to bring all such cases before this Court even though such cases were not consolidated by

formal order.

(g) Record Returned to Commission. – When the mandate is issued by this Court, the

clerk of this Court must return the record to the clerk of the Commission. The clerk of the

Commission must return the record upon request of the clerk of this Court.

History

Promulgated by Order dated Friday, April 30, 2010; effective July 1, 2010. Last amended by Order dated April 1, 2021; effective June 1, 2021.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
4f0da29fcacb8c7720734b572b8db564c173483d01f6037ef67ddcf46209c5b2
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