A. The determination of the Commission pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or the award of the Commission, as provided in § 38.2-5009, if not reviewed within the time prescribed by § 38.2-5010, or a determination or award of the Commission upon such review, as provided in § 38.2-5010, shall be conclusive and binding as to all questions of fact. No appeal shall be taken from the decision of one commissioner until a review of the case has been held before the full Commission, as provided in § 38.2-5010. Appeals shall lie from the full Commission to the Court of Appeals in the manner provided in the Rules of the Supreme Court.
B. The notice of appeal shall be filed with the clerk of the Commission within thirty days from the date of such determination or award or within thirty days after receipt by registered or certified mail of such determination or award whichever occurs last. A copy of the notice of appeal shall be filed in the office of the clerk of the Court of Appeals as provided in the Rules of the Supreme Court.
C. Cases so appealed shall be placed upon the privileged docket of the Court and be heard at the next ensuing term thereof. In case of an appeal from an award of the Commission to the Court of Appeals, the appeal shall operate as a suspension of the award, and the Program shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined in accordance with the provisions of this chapter.
1987, c. 540; 1989, c. 523.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2004–2024 · leading case:
Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005).
Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005).
· cites it 12× “The Act provides that "[t]he determination of the Commission pursuant to [Code] § 38.2-5008[(A)(1) through (A)(3)] .”
Dunnavant v. Newman Tire Co., 656 S.E.2d 431 (Va. Ct. App. 2008).
· cites it 2× “2d 631, 639 (2004) (quoting Code § 38.2-5011(A)). In this case, Dunnavant was unrelated to Pettus and did not fit within the first class of individuals “conclusively *259 presumed” to be dependents under Code § 65.”
William T. Young, Jr. v. Virginia Birth-Related Neurological Injury Comp. Prog., 620 S.E.2d 131 (Va. Ct. App. 2005).
· cites it 2× “Young concludes, the commission erred in ruling that her right to housing benefits under the Program vested only when she applied for those specific benefits and that she was consequently not entitled to the cash-grant or trust-home housing benefits previously in effect since…”
Manuel Meza Guiterrez v. Perdue Farms, Inc., No. 0176232 (Va. Ct. App. May 21, 2024).
· cites it 2× “264, 279 (2004) (quoting Code § 38.2-5011(A)). “[W]e are bound by the [C]ommission’s findings of fact as long as ‘there was credible evidence presented such that a reasonable mind could conclude that the fact in issue was proved,’ even if there is evidence in the record that…”
Felicia N. Speller v. Sentara Norfolk Gen. Hosp., No. 0606234 (Va. Ct. App. June 25, 2024).
· cites it 2× “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,” which Code § 38.2-5011(A) establishes as…”
Cent. Va. Obstetrics v. Lawanda P. Whitfiel, No. 0399032 (Va. Ct. App. Jan. 13, 2004).
· cites it 2× “” Code § 38.2-5011(A). Medical evidence, therefore, remains “subject to the commission’s consideration and weighing.”
Chantal H. Mehrabani v. BJ's Wholesale Club, Inc., No. 0084234 (Va. Ct. App. Oct. 24, 2023).
“(quoting Code § 38.2-5011(A)). “[W]e are bound by the [C]ommission’s findings of fact as long as ‘there was credible evidence presented such that a reasonable mind could conclude that the fact in issue was proved,’ even if there is evidence in the record that would support a…”
Va. Code Ann. § 38.2-5011(A): 10 cases
Dunnavant v. Newman Tire Co., 656 S.E.2d 431 (Va. Ct. App. 2008).
“2d 631, 639 (2004) (quoting Code § 38.2-5011(A)). In this case, Dunnavant was unrelated to Pettus and did not fit within the first class of individuals “conclusively *259 presumed” to be dependents under Code § 65.”
William T. Young, Jr. v. Virginia Birth-Related Neurological Injury Comp. Prog., 620 S.E.2d 131 (Va. Ct. App. 2005).
“Young concludes, the commission erred in ruling that her right to housing benefits under the Program vested only when she applied for those specific benefits and that she was consequently not entitled to the cash-grant or trust-home housing benefits previously in effect since…”
Manuel Meza Guiterrez v. Perdue Farms, Inc., No. 0176232 (Va. Ct. App. May 21, 2024).
“264, 279 (2004) (quoting Code § 38.2-5011(A)). “[W]e are bound by the [C]ommission’s findings of fact as long as ‘there was credible evidence presented such that a reasonable mind could conclude that the fact in issue was proved,’ even if there is evidence in the record that…”
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