If an application for review is made to the Commission within twenty days from the date of a determination pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or within twenty days from the date of an award by the Commission pursuant to § 38.2-5009, the full Commission, excluding any member of the Commission who made the determination or award, if the first hearing was not held before the full Commission, shall review the evidence. If deemed advisable and as soon as practicable, the Commission instead may hear the parties, their representatives and witnesses and shall make a determination or award, as appropriate. Such review or determination, together with a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings and shall be sent immediately to the parties.
1987, c. 540; 1999, c. 806; 2006, c. 919.
Notes of Decisions
Wolfe v. Virginia Birth-Related Neurological Injury Comp. Prog., 580 S.E.2d 467 (Va. Ct. App. 2003).
· cites it 2× “Based on the requirement of Code § 38.2-5010 that the commission’s review shall be accompanied by “a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue,” we conclude that, as to the issues on which the commission’s majority…”
Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005).
· cites it 2× “Christmas were sufficient to prove the injury did not occur during delivery or resuscitation in the immediate post-delivery period, and (3) the evidence was sufficient to prove a specific non-birth-related cause of the infant's injury. We disagree. The Act provides that "[t]he…”
Felicia N. Speller v. Sentara Norfolk Gen. Hosp., No. 0606234 (Va. Ct. App. June 25, 2024).
· cites it 8× “The Commission found that under Code § 38.2-5010, the request for review was due by September 6, 2022, but Speller had not requested review by that 1 By order of June 13, 2023, the Court dismissed the appeals because they were not appeals of “a final decision by the Commission,”…”
Taylor Hope Wolfe v. Va Birth-Related, No. 2489023 (Va. Ct. App. May 20, 2003).
· cites it 2× “Based on the requirement of Code § 38.2-5010 that the commission's review shall be accompanied by "a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue," we conclude that, as to the issues on which the commission's majority…”
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