During the Hearing

All parties will receive a hearing notice that contains the hearing location, date and time. Please plan to be on time for the hearing.

Any subpoenas issued will also have this information. If you have requested witness subpoenas, you may want to confirm with your witnesses that they intend to appear and have the correct time and location.

Order of Events:

1. Waiting Room: All parties will wait in the waiting area for the Hearing Clerk to call them.
2. Swearing In: All parties will be sworn in by the Hearing Clerk.
3. Stand for Deputy Commissioner (workers’ compensation judge): Unless the Deputy Commissioner is already in the room, all parties will stand, if able, when the Deputy Commissioner enters the room.
4. Testimony Heard: The Deputy Commissioner will hear all parties’ testimony and receive evidence. Opening and closing arguments are usually not permitted.
   • Generally, the Deputy Commissioner will ask the party who asked for the hearing to go first in presenting evidence. Once they are done, then the other side will present any evidence they have.
   • When presenting evidence, if the injured worker is not represented by an attorney, the Deputy Commissioner will ask the injured worker questions. If the injured worker is calling any witnesses, the injured worker should be prepared to ask their witnesses questions. The injured worker’s testimony, and the testimony of the injured worker’s witnesses, will be subject to cross-examination, meaning questions may be asked by the attorney representing the employer/carrier.
   • When the employer presents their evidence, they may call witnesses to testify on behalf of the employer and carrier. The injured worker will be allowed to ask questions of any witnesses for the employer if they would like.
5. Evidence Presented: The Deputy Commissioner will usually look at all of the medical records that have been filed with the Commission. However, if there is other evidence that one of the parties wants included as evidence, the party needs to ask the Deputy Commissioner to accept the evidence, explaining what the evidence is and who created it. The Deputy Commissioner will ask the other side if they have any objections to the evidence before deciding whether to accept the evidence.
6. Opinion Issued: The Deputy Commissioner will issue a written Opinion and mail and/or upload it to the Commission’s online portal, WebFile. The Deputy Commissioner typically will not say at the hearing what the decision is. If a decision is made at the hearing, a written Opinion will be issued confirming that decision.

An injured worker that requests the hearing will be required to provide all evidence to prove their claim, including:

• How the injury occurred
• When and to whom they reported the accident or disease
• What body parts were injured or what disease has been diagnosed
• Medical treatment that has been received
• That the work injury or disease happened because of their work
• That the work injury or disease is the cause of the need for the medical treatment and wage loss benefits requested
• Average weekly earnings immediately before the injury or disease.

This proof may be provided in different ways, including:

• The injured worker’s own testimony
• The testimony of others who have first-hand knowledge
• The injured worker is responsible for arranging subpoenas of witnesses by sending the request, in writing, to the Commission. Please note that fees for subpoenas are paid for by the person requesting the subpoena. VWC cannot issue subpoenas outside the Commonwealth of Virginia.
• Fees paid for subpoenas to be served:
• VWC collects a $12 fee for each subpoena issued on behalf of the local sheriff’s office.
• A separate money order will be accepted for each subpoena to be issued
• The street address of the witness (no P.O. boxes) must be included, and must be in-state.
• Made payable to “Sheriff” of the locality in which the subpoena will be served. (Example: Made Payable to: Sheriff, Chesterfield County, VA)
• Note: Another $12 fee will be required if the subpoena needs to be reissued.
• Videos
• Medical records
• It is not usually necessary to have doctors testify because the medical reports are received into evidence.
• Wage records
• Exact dates lost from work due to the work injury must be known.

What happens if I do not have the evidence ready?
If the evidence cannot be obtained before the hearing, a written request may be made to the Deputy Commissioner to allow the evidence to be submitted at a later date, but this request is not guaranteed. The Deputy Commissioner will decide whether to allow evidence to be submitted after the hearing.

What happens if my request to submit evidence at a later date is denied?
The Deputy Commissioner cannot accept evidence that has been submitted after the hearing if permission has not been given.

Injured workers released to light-duty work who are not already under an Award for the benefits they have requested must submit evidence that they are actively seeking work.

This usually includes:

• Seeking a job with the current employer
• Registering with the Virginia Employment Commission
• Contacting at least five places per week where a job might be available within any work restrictions given.

The courts call this search for work “marketing.” The Commission considers a number of factors in deciding whether the job search was sufficient. Review the Marketing Guidelines and the Marketing Form/Job Search Organization Tool.

Is the hearing private?
No, VWC hearings are public hearings.

Can I bring someone with me?
Yes, emotional support people are allowed to accompany either party in the courtroom. It is not suggested to bring children into the courtroom.

Can I bring my cell phone with me?
Cell phones are allowed in VWC buildings, though they should be turned off during the hearing. Please note: If the hearing is not being held in a VWC building, please check with the facility to see if a cell phone is allowed.

What if I won’t be ready in time or have to change the date or cancel my hearing for some reason?
Injured workers and employers not represented by attorneys should contact the VWC Ombuds for help.