Virginia Code

Va. Code Ann. § 65.2-706 (2026)

Conclusiveness of award; appeal

✓ current as of May 2026

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A. The award of the Commission, as provided in § 65.2-704, if not reviewed in due time, or an award of the Commission upon such review, as provided in § 65.2-705, 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 had before the full Commission, as provided in § 65.2-705, and an award entered by it. Appeals shall lie from such award 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 30 days from the date of such award. 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 Court.

C. Cases so appealed shall be placed upon the privileged docket of the Court of Appeals and be heard at the next ensuing term thereof. In case of an appeal from the decision of the Commission to the Court of Appeals, or from the decision of the Court of Appeals to the Supreme Court, the appeal shall operate as a suspension of the award and no employer shall 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 title.

Code 1950, § 65-94; 1968, c. 660, § 65.1-98; 1971, Ex. Sess., c. 156; 1972, c. 696; 1977, c. 624; 1984, cc. 659, 703; 1991, c. 355; 1999, c. 938; 2003, cc. 664, 671; 2010, cc. 160, 564.

Notes of Decisions

Cited in 334 cases (44 in the last 5 years), 1991–2026 · leading case: Gallahan v. Free Lance Star Publ'g Co., 589 S.E.2d 12 (Va. Ct. App. 2003).

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Gallahan v. Free Lance Star Publ'g Co., 589 S.E.2d 12 (Va. Ct. App. 2003). · cites it 16× “Gallahan (claimant) contends the Workers’ Compensation Commission (commission) erred in finding that: (1) Free Lance Star Publishing Company (employer) properly filed an employer’s application for hearing as required by Code § 65.2-706 and Rule 1.4(D), and (2) that employer’s…”

City of Waynesboro v. Griffin, 657 S.E.2d 782 (Va. Ct. App. 2008). · cites it 4× “2d 227, 230 (2005) (citing Code § 65.2-706). Moreover, the existence of "contrary evidence .”

Cris R. Anderson v. Cris R. Anderson, d/b/a Anderson Plumbing & Firstcomp Ins. Co., 778 S.E.2d 132 (Va. Ct. App. 2015). · cites it 4× “See also Code § 65.2-706. Such deference to the Commission does not extend to questions of law, which we review de novo.”

Dustin Hess v. Virginia State Police, 806 S.E.2d 413 (Va. Ct. App. 2017). · cites it 4× “1 The full Commission reversed and held that the preponderance of the evidence showed the events surrounding the accident were “not shocking or unexpected to an experienced state trooper and crash scene investigator.”

Bass v. City of Richmond Police Dep't, 515 S.E.2d 557 (Va. 1999). · cites it 4× “In this role, the Commission resolves all conflicts in the evidence and determines the weight to be accorded the various evidentiary submissions.”

Virginia Birth-Related Neurological Injury Comp. Prog. v. Young, 541 S.E.2d 298 (Va. Ct. App. 2001). · cites it 4× “2d 557, 562 (1999) (quoting Code § 65.2-706(A)). "On appeal from this determination, the reviewing court must assess whether there is credible evidence to support the commission's award.”

Southside Virginia Training Ctr. v. Shell, 455 S.E.2d 761 (Va. Ct. App. 1995). · cites it 4× “Commission will be upheld on appeal if supported by credible evidence"); Code § 65.2-706. Furthermore, this Court may not disturb the commission's inference, based upon facts in the record, that the "recreating" was one cause of Shell's distraction from the different…”

Mktg. Profiles, Inc. v. Hill, 437 S.E.2d 727 (Va. Ct. App. 1993). · cites it 4× “2d 720, 722 (1980); Code § 65.2-706 (former Code § 65.1-98). If "reasonable inferences" may be drawn from credible evidence, "they will not be disturbed by this Court on appeal.”

Loudoun Cnty. v. Michael Richardson, 826 S.E.2d 326 (Va. Ct. App. 2019). · cites it 4× “(citing Code § 65.2-706). -5- C. Applicability of Code § 65.”

Tomes v. James City (Cnty. Of) Fire, 573 S.E.2d 312 (Va. Ct. App. 2002). · cites it 2× “Code § 65.2-706(A); Fairfax Hospital v. DeLaFleur, 221 Va.”

George H. Samartino v. Fairfax Cnty. Fire & Rescue, 769 S.E.2d 692 (Va. Ct. App. 2015). · cites it 4× “Maran’s opinion that he was disabled on all the claimed dates as a direct result of his leukemia was directly contradicted by his office notes for Samartino’s December 10, *506 2012 visit where he concluded that Samartino’s “current symptoms [we]re unrelated to the lymphoma.”

Fairfax Cnty. Sch. Bd. v. Rose, 509 S.E.2d 525 (Va. Ct. App. 1999). · cites it 4× “Code § 65.2-706; Tomko v. Michael's Plastering Co.”

Show all 334 citing cases →

— Va. Code Ann. § 65.2-706(A) — 172 cases

Bass v. City of Richmond Police Dep't, 515 S.E.2d 557 (Va. 1999). “In this role, the Commission resolves all conflicts in the evidence and determines the weight to be accorded the various evidentiary submissions.”

Virginia Birth-Related Neurological Injury Comp. Prog. v. Young, 541 S.E.2d 298 (Va. Ct. App. 2001). “2d 557, 562 (1999) (quoting Code § 65.2-706(A)). "On appeal from this determination, the reviewing court must assess whether there is credible evidence to support the commission's award.”

Tomes v. James City (Cnty. Of) Fire, 573 S.E.2d 312 (Va. Ct. App. 2002). “Code § 65.2-706(A); Fairfax Hospital v. DeLaFleur, 221 Va.”

George H. Samartino v. Fairfax Cnty. Fire & Rescue, 769 S.E.2d 692 (Va. Ct. App. 2015). “Maran’s opinion that he was disabled on all the claimed dates as a direct result of his leukemia was directly contradicted by his office notes for Samartino’s December 10, *506 2012 visit where he concluded that Samartino’s “current symptoms [we]re unrelated to the lymphoma.”

Berglund Chevrolet, Inc. v. Landrum, 601 S.E.2d 693 (Va. Ct. App. 2004).

— Va. Code Ann. § 65.2-706(B) — 2 cases

Mohammed Boukhira v. George Mason Univ./Commonwealth of Virginia (Va. Ct. App. 2015).

Justin Everett Peck v. R.G. Mgmt. Servs., Inc. (Va. Ct. App. 2006).

— Va. Code Ann. § 65.2-706(C) — 4 cases

Gallahan v. Free Lance Star Publ'g Co., 589 S.E.2d 12 (Va. Ct. App. 2003). “Gallahan (claimant) contends the Workers’ Compensation Commission (commission) erred in finding that: (1) Free Lance Star Publishing Company (employer) properly filed an employer’s application for hearing as required by Code § 65.2-706 and Rule 1.4(D), and (2) that employer’s…”

Cousar v. Peoples Drug Store, 496 S.E.2d 670 (Va. Ct. App. 1998).

Walter Everett Childress v. Commonwealth of VA (Va. Ct. App. 2001).

Elbert Lee Spencer v. Tarmac Mid-Atl., Inc. (Va. Ct. App. 1995).

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