Va. Code » Title 65.2. Workers' Compensation » Chapter 2. Virginia Workers' Compensation Commission
Virginia Code

Va. Code Ann. § 65.2-200 (2026)

Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office

✓ current as of May 2026
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A. The Industrial Commission of Virginia is continued and shall hereafter be known as the Virginia Workers' Compensation Commission. All powers and duties conferred and imposed upon the Industrial Commission by any other law are hereby conferred upon and vested in the Virginia Workers' Compensation Commission.

B. The Commission shall consist of three members, one of whom shall be chosen by the joint vote of the two houses of the General Assembly convened in an even-numbered year, and who shall serve for terms of six years.

C. Whenever a vacancy in the Commission occurs or exists when the General Assembly is in session, the General Assembly shall elect a successor for the unexpired term. If the General Assembly is not in session, the Governor shall forthwith appoint pro tempore a qualified person to fill the vacancy for a term ending thirty days after the commencement of the next session of the General Assembly, and the General Assembly shall elect a successor for the unexpired term.

D. Not more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of his previous vocation, employment or affiliation shall be classed as a representative of employees. The Commission thus composed shall elect one of its number chairman for a term of three years commencing on July 1, 1979, and each succeeding three years thereafter. Each member of the Commission shall devote his entire time to the duties of his office and shall not hold any position of trust or profit or engage in any occupation or business interfering or inconsistent with his duties as such member.

Code 1950, § 65-9; 1954, c. 233; 1968, c. 660, § 65.1-10; 1971, Ex. Sess., c. 70; 1979, c. 459; 1991, c. 355; 2006, c. 838.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1995–2023 · leading case: Dollar Tree Stores, Inc. & Arch Ins. Co. v. Kathleen Tefft, 813 S.E.2d 908 (Va. Ct. App. 2018).
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Dollar Tree Stores, Inc. & Arch Ins. Co. v. Kathleen Tefft, 813 S.E.2d 908 (Va. Ct. App. 2018). · cites it 26× “2-200(D) provides that [n]ot more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of…”
Hitt Constr. v. Pratt, 672 S.E.2d 904 (Va. Ct. App. 2009). · cites it 9× “In light of the vacancy on the commission, and of specific import to our decision, Hitt filed a motion to reconsider and vacate award, alleging in part that “the Commission is currently comprised of only two members and lacks jurisdiction to act under Va.”
Gordon v. Ford Motor Co., 685 S.E.2d 880 (Va. Ct. App. 2009). · cites it 4× “The language authorizing "a period" rather than "periods" denotes a single period. Taken together, the words "not exceeding" and "consecutive" show the General Assembly desired an extension of the statute of limitations up to but no greater than twenty-four consecutive months.”
Melvin L. Layne v. Crist Elec. Contractor, Inc. & Assurance Servs. Corp., 751 S.E.2d 679 (Va. Ct. App. 2013). · cites it 6× “2d at 424 , the commission is bound by the plain meaning of the words in Code §§ 65.2-200(0, 65.2-705(D), 17.1-327, and 65.”
Clinch Valley Med. Ctr. v. Hayes, 538 S.E.2d 369 (Va. Ct. App. 2000). · cites it 2× “The commission noted that Code § 65.2-200(D) requires the commission to consist of employee and employer representatives, but the commissioners only act in their representative capacity when establishing policy.”
Dean McCluster, d/b/a McCluster Constr. & Auto-Owners Ins. Co. v. Virgillio Baltazar (Va. Ct. App. 2017). · cites it 9× “The chairman may make such appointments “when a vacancy on the Commission exists, or when one or more members of the Commission are absent or are prohibited from sitting with the full Commission to hear a review.”
Brown v. Amazon.com, Inc. (E.D. Va. 2023). · cites it 3× “Va. Code § 65.2-200 et Seq.; see also Wiener v.”
Marley Mouldings, Inc. v. Patricia McGhee (Va. Ct. App. 2000). · cites it 5× “2-200(D), Commissioner William Dudley, the "neutral member," Code § 65.2-200(B), and Chairperson Virginia Diamond, the "employee representative.”
In re Moore, 68 Va. Cir. 139 (Portsmouth Cir. Ct. 2005). · cites it 3× “, “the act”) are the exclusive province of the Virginia Workers’ Compensation Commission (Va. Code §§ 65.2-200, 65.2-201). Indeed, in the limited area of workers’ compensation, the Commission stands in the position of a court of limited jurisdiction and appeals from its…”
Jose A. Juarez v. C. Woolfrey Constr. (Va. Ct. App. 1999). · cites it 4× “Code § 65.2-200(B). On the date Deputy Commissioner Herring’s opinion was reviewed by the full commission, the commission was comprised of Commissioner Lawrence Tarr, the “employer representative,” Commissioner William Dudley, the “neutral member,” and Chairperson Virginia…”
Clinch Valley Med. Ctr v. Johnnie S Hayes (Va. Ct. App. 2000). · cites it 2× “The verb "to hear" 5 The commission noted that Code § 65.2-200(D) requires the commission to consist of employee and employer representatives, but the commissioners only act in their representative capacity when establishing policy.”
Perkins v. Fam. Health Care Assocs. (Va. Ct. App. 1997). · cites it 2× “2d 140 , 2 Employer also contends that the review opinion of the full commission is illegal and invalid because the composition of the commission that decided this case violated Code § 65.2-200, § 65.2-704, and § 65.2-705.”
Show all 15 citing cases →
Va. Code Ann. § 65.2-200(B): 6 cases
Hitt Constr. v. Pratt, 672 S.E.2d 904 (Va. Ct. App. 2009). “In light of the vacancy on the commission, and of specific import to our decision, Hitt filed a motion to reconsider and vacate award, alleging in part that “the Commission is currently comprised of only two members and lacks jurisdiction to act under Va.”
Dollar Tree Stores, Inc. & Arch Ins. Co. v. Kathleen Tefft, 813 S.E.2d 908 (Va. Ct. App. 2018). “2-200(D) provides that [n]ot more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of…”
Melvin L. Layne v. Crist Elec. Contractor, Inc. & Assurance Servs. Corp., 751 S.E.2d 679 (Va. Ct. App. 2013). “2d at 424 , the commission is bound by the plain meaning of the words in Code §§ 65.2-200(0, 65.2-705(D), 17.1-327, and 65.”
Dean McCluster, d/b/a McCluster Constr. & Auto-Owners Ins. Co. v. Virgillio Baltazar (Va. Ct. App. 2017). “The chairman may make such appointments “when a vacancy on the Commission exists, or when one or more members of the Commission are absent or are prohibited from sitting with the full Commission to hear a review.”
Marley Mouldings, Inc. v. Patricia McGhee (Va. Ct. App. 2000). “2-200(D), Commissioner William Dudley, the "neutral member," Code § 65.2-200(B), and Chairperson Virginia Diamond, the "employee representative.”
Va. Code Ann. § 65.2-200(C): 1 case
Melvin L. Layne v. Crist Elec. Contractor, Inc. & Assurance Servs. Corp., 751 S.E.2d 679 (Va. Ct. App. 2013). “2d at 424 , the commission is bound by the plain meaning of the words in Code §§ 65.2-200(0, 65.2-705(D), 17.1-327, and 65.”
Va. Code Ann. § 65.2-200(D): 7 cases
Dollar Tree Stores, Inc. & Arch Ins. Co. v. Kathleen Tefft, 813 S.E.2d 908 (Va. Ct. App. 2018). “2-200(D) provides that [n]ot more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of…”
Gordon v. Ford Motor Co., 685 S.E.2d 880 (Va. Ct. App. 2009). “The language authorizing "a period" rather than "periods" denotes a single period. Taken together, the words "not exceeding" and "consecutive" show the General Assembly desired an extension of the statute of limitations up to but no greater than twenty-four consecutive months.”
Clinch Valley Med. Ctr. v. Hayes, 538 S.E.2d 369 (Va. Ct. App. 2000). “The commission noted that Code § 65.2-200(D) requires the commission to consist of employee and employer representatives, but the commissioners only act in their representative capacity when establishing policy.”
Dean McCluster, d/b/a McCluster Constr. & Auto-Owners Ins. Co. v. Virgillio Baltazar (Va. Ct. App. 2017). “The chairman may make such appointments “when a vacancy on the Commission exists, or when one or more members of the Commission are absent or are prohibited from sitting with the full Commission to hear a review.”
Marley Mouldings, Inc. v. Patricia McGhee (Va. Ct. App. 2000). “2-200(D), Commissioner William Dudley, the "neutral member," Code § 65.2-200(B), and Chairperson Virginia Diamond, the "employee representative.”
Va. Code Ann. § 65.2-200(E): 2 cases
Roy L. Blevins, Sr. v. Giles Co. Tech. Ctr., etc. (Va. Ct. App. 1996).
Hillard Heggie Tharp v. William A. Hazel Cons. etal (Va. Ct. App. 1995).
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