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This article provides some basic information as to how workers compensation hearings are conducted in Virgina. You can also find this information in Video form on our website. There are of course several reasons that you may go to a hearing, the most common is because your case has been denied by your Workers Compensation case carrier. There are several other circumstances you might have a medical issue that comes up and they don’t agree to pay for a surgery or other procedures, they’re not agreeing to pay for a certain device. You may have to go to a hearing for that. Or you may be under an Award, something comes up, and the Defense files an application that cuts you off of your benefits. That has to go to a hearing as well. The most common one and the one we will be primarily discussing is, when your claim is denied and we are trying to get you benefits. So there are some things about Workers Comp hearings that are very different from what you might see on TV with a jury trial. The Differences between a Workers Comp Hearing and a Trial The most important thing to know is that there is no jury. Your case is decided by the Deputy Commissioner. They are employed by the Workers Compensation Commission. The Deputy Commissioner is going to hear your case. That’s the one person that is going to decide your case. Another thing that is important to know is that there is no verdict at the end of the hearing. When you think about jury trials, you probably picture the bailiff giving a piece of paper to the Judge like on TV. There’s a paper that is handed to the bailiff by the Jury Foreman, and the bailiff reads the verdict: “We, the ladies and gentlemen the jury find for the plaintiff an award for him damages in the amount of $ ___”. So you need to understand that nothing like that will not happen in your workers compensation case. What is going to happen is, the Deputy Commissioner will review of all of the documents, all of the evidence after you’ve testified, and after your witnesses if any, have testified. The Deputy Commissioner is also going to review all of the medical records, and he or she is going to go back and render a decision. The Decision will not be that day. It may be as early as the next day after a hearing-- that is the quickest I've ever seen it happen. I’ve also seen it go as long as six months for a decision to come out, unfortunately. So, you’re not going to know what happened that day. Another thing you need to know is that, you don’t have to bring any doctors to your hearing. Most of the time we don’t do that. In fact, I’ve never had to bring a doctor to a hearing. Why? Because before we go to the Commissioner, we prepare your medical records in a very specific way, a very organized way, which the Commissioner requires, along with doctor’s opinions, if necessary that we solicit in written form from your doctors. And all of that is entered into evidence that the Commissioner is going to review. Most of the time it’s just maybe you or one other witness testifying if the actual facts of the accident is disputed. The rest of the evidence is handed up in the form of medical records. Many times, the hearing lasts around an hour or two, sometimes less. Appeals of the Hearing Decision Another thing you need to know is that, even if you get a decision within a couple of months of the hearing and we win, that’s not the end of this story, unfortunately. The Defense or any side that loses has the right to Appeal. The first level is the Full Commission. In Virginia, that’s a body of three people in Richmond, who will review the decision. It is a matter of right and they will review it and decide whether they will affirm it, or reverse it, send it back for further proceedings. But even that that is not the end. After that, it goes to a second level, the Virginia Court of Appeals. So, that process right there between the Deputy Commissioner coming to his or her decision, the Appeal process to the Full Commission, and after that the Court of Appeals and their time line to render a decision, and now you’re talking about a year or a year and a half process from the date that your hearing takes place. So, unfortunately that’s the way it is with Workers Compensation. The good news is that there’s nothing preventing the parties in the meantime during that whole process from maybe trying to work a settlement, assuming we won at that Deputy Commissioner level. Limited Powers of the Deputy Commissioner I think the most important thing to understand about going to a Workers Compensation hearing is the limited power the Deputy Commissioner has. When you go to a jury trial, you hear the jury verdict right at the end. Like I said before, the bailiff is handed that piece of paper, and like on TV you hear “We the jury find for the plaintiff in the amount of $600,000”, you know that sort of thing. That is not going to happen in your case. Why? Because the Commissioner has very limited power. Let’s say you have a completely denied claim. The Deputy Commissioner, in his or her ruling, can either say the claim is compensable (thumbs up, i.e. you have a case) or not compensable (thumbs down, i.e. you do not have a case). So, what they’re going to do if you win is award you your pay they decide that you’re due, any back pay that you have, and your ongoing check, one check per week, and your medicals. That’s it. Other than maybe the back pay you may be due, even if the defense decides not to Appeal, there is no lump sum of money that the Commissioner can Award. So you might be going into the hearing thinking, “I want to get a couple of hundred thousand dollars. I’m going to get that awarded”. You need to know that cannot happen at a hearing or in an Award. The only way you’re going to get a large lump sum amount potentially is to settle with the Workers Compensation Insurance Carrier because the Deputy Commissioner can’t give you that. It is not within their power. Pre-Hearing Settlement Discussions From time to time, there may be settlement discussions at some point before the hearing. This is because the defense may believe it is in their interest to resolve the claim rather than risk getting a ruling against them and be forced to Appeal. They also know the claim has more value after a favorable ruling from the Deputy Commissioner. Perhaps they are not confident in their prospects. Under no circumstances should you proceed to a hearing without the benefit of an experienced workers compensation attorney. Please call us at 757-455-8889 to have Joe Miller, Esq. an experienced workers compensation lawyer, on your side. You can also access a huge storehouse of important info at www.TheWorkInjuryCenter.com