Va. Code » Title 65.2. Workers' Compensation » Chapter 7. Procedure in Connection with Awards
Virginia Code

Va. Code Ann. § 65.2-704 (2026)

Hearing; award or opinion by Commission

✓ current as of May 2026
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A. The Commission or any of its members or deputies shall hear the parties at issue, their representatives, and witnesses; shall decide the issues in a summary manner; and shall make an award or opinion carrying out the decision.

B. Any member of the Commission who hears the parties at issue and makes an award under the provisions of subsection A shall not participate in a rehearing and review of such award provided under § 65.2-705.

C. Hearings convened by the Commission shall be public proceedings and, upon proper request to the Commission, may, in the discretion of the Commission, be video recorded for public broadcast at the expense of the requesting party, subject only to the same limitations and conditions as apply to court proceedings in the Commonwealth.

Code 1950, § 65-92; 1954, c. 370; 1962, c. 340; 1968, c. 660, § 65.1-96; 1980, c. 600; 1989, c. 318; 1991, c. 355; 1997, c. 225; 2003, cc. 664, 671; 2010, cc. 160, 564; 2012, c. 588.

Notes of Decisions
Cited in 31 cases (2 in the last 5 years), 1993–2023 · leading case: Peacock v. Browning Ferris, Inc., 563 S.E.2d 368 (Va. Ct. App. 2002).
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Peacock v. Browning Ferris, Inc., 563 S.E.2d 368 (Va. Ct. App. 2002). · cites it 42× “2-705(A) provides, in pertinent part, as follows: If an application for review is made to the Commission within twenty days after receipt of notice of such award to be sent as provided in subsection A of § 65.2-704, the full Commission ... shall review the evidence or, if deemed…”
Clinch Valley Med. Ctr. v. Hayes, 538 S.E.2d 369 (Va. Ct. App. 2000). · cites it 16× “Code § 65.2-704. Hearing; award or opinion by Commission.”
ILG v. United Parcel Serv., Inc., 726 S.E.2d 21 (Va. 2012). · cites it 18× “2-708 to a proceeding under Code § 65.2-704, which the Court of Appeals held was prohibited.”
Hitt Constr. v. Pratt, 672 S.E.2d 904 (Va. Ct. App. 2009). · cites it 7× “the full Commission, except as provided in subsection B of § 65.2-704 and if the first hearing was not held before the full Commission, shall review the evidence.”
Williams v. Virginia Elec. & Power Co., 445 S.E.2d 693 (Va. Ct. App. 1994). · cites it 6× “2-708, not Code § 65.2-704, as is asserted in claimant’s brief.”
Advance Auto & Indem. Ins. Co. of North Am. v. Brenda Lee Craft, 759 S.E.2d 17 (Va. Ct. App. 2014). · cites it 2× “Commissioner Dudley, who sat by designation under Code § 65.2-704(A), accepted the parties’ request to have the matter decided on the record.”
Piedmont Mfg. Co. v. East, 438 S.E.2d 769 (Va. Ct. App. 1993). · cites it 2× “Code § 65.2-704 directs that the commission “shall hear the parties at issue, their representatives, and witnesses; [and] shall decide the issues in a summary manner.”
Melvin L. Layne v. Crist Elec. Contractor, Inc. & Assurance Servs. Corp., 751 S.E.2d 679 (Va. Ct. App. 2013). · cites it 4× “On December 9, 2011, claimant filed an objection and requested a review by three commissioners in accordance with Code §§ 65.2-704 and 65.2-705. The review hearing proceeded with Commissioners Williams and Marshall and retired Commissioner Dudley comprising the panel.”
Overhead Door Co. of Norfolk v. Lewis, 509 S.E.2d 535 (Va. Ct. App. 1999). · cites it 2× “Although acknowledging the commission’s authority under Code § 65.2-704(B) to permit a deputy commissioner to participate for an absent commissioner, employer contends that inclusion, in the resolution of a matter, of a commissioner who did not hear oral argument constitutes a…”
United Parcel Serv., Inc. v. Ilg, 679 S.E.2d 545 (Va. Ct. App. 2009). · cites it 2× “2-708, not Code § 65.2-704, as is asserted in claimant’s brief.”
James Melvin Ashby v. Ramar Coal Co., Inc. & Liberty Mut. Ins. Co., 622 S.E.2d 230 (Va. Ct. App. 2005). · cites it 5× “2-705, in conjunction with Code § 65.2-704, mandates a filing of a request for Review within 20 days after a party’s receipt of an Award or Opinion.”
Jeneary v. Commonwealth, 551 S.E.2d 321 (Va. 2001). “1, shall refrain from all debt collection activities relating to medical treatment received by the employee in connection with such claim until after an award is made on the employee’s claim pursuant to § 65.2-704. The statute of limitations for the collection of such debt shall…”
Show all 31 citing cases →
Va. Code Ann. § 65.2-704(A): 8 cases
Peacock v. Browning Ferris, Inc., 563 S.E.2d 368 (Va. Ct. App. 2002). “2-705(A) provides, in pertinent part, as follows: If an application for review is made to the Commission within twenty days after receipt of notice of such award to be sent as provided in subsection A of § 65.2-704, the full Commission ... shall review the evidence or, if deemed…”
Advance Auto & Indem. Ins. Co. of North Am. v. Brenda Lee Craft, 759 S.E.2d 17 (Va. Ct. App. 2014). “Commissioner Dudley, who sat by designation under Code § 65.2-704(A), accepted the parties’ request to have the matter decided on the record.”
James Melvin Ashby v. Ramar Coal Co., Inc. & Liberty Mut. Ins. Co., 622 S.E.2d 230 (Va. Ct. App. 2005). “2-705, in conjunction with Code § 65.2-704, mandates a filing of a request for Review within 20 days after a party’s receipt of an Award or Opinion.”
Virginia Int'l Terminals & United States Fid. & Guar. Co. v. John McCarthy (Va. Ct. App. 2011).
Gloria Ann Blankenship v. Total Home Care (Va. Ct. App. 2002).
Va. Code Ann. § 65.2-704(B): 8 cases
Clinch Valley Med. Ctr. v. Hayes, 538 S.E.2d 369 (Va. Ct. App. 2000). “Code § 65.2-704. Hearing; award or opinion by Commission.”
Hitt Constr. v. Pratt, 672 S.E.2d 904 (Va. Ct. App. 2009). “the full Commission, except as provided in subsection B of § 65.2-704 and if the first hearing was not held before the full Commission, shall review the evidence.”
Overhead Door Co. of Norfolk v. Lewis, 509 S.E.2d 535 (Va. Ct. App. 1999). “Although acknowledging the commission’s authority under Code § 65.2-704(B) to permit a deputy commissioner to participate for an absent commissioner, employer contends that inclusion, in the resolution of a matter, of a commissioner who did not hear oral argument constitutes a…”
Melvin L. Layne v. Crist Elec. Contractor, Inc. & Assurance Servs. Corp., 751 S.E.2d 679 (Va. Ct. App. 2013). “On December 9, 2011, claimant filed an objection and requested a review by three commissioners in accordance with Code §§ 65.2-704 and 65.2-705. The review hearing proceeded with Commissioners Williams and Marshall and retired Commissioner Dudley comprising the panel.”
Clinch Valley Med. Ctr v. Johnnie S Hayes (Va. Ct. App. 2000).
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