Gerald G. Lutkenhaus Workers Compensation Law Blog on Lawyers.com

In Virginia, the Workers Compensation system is governed by three Commissioners. One of those Commissioners is now retiring. The Commissioners choose the Chief Deputy Commissioner as the manager for the Commission and choose all of the staff for the Commission including the Hearing Deputy Commissioners. Like judges the Commissioners are appointed to six year terms by the legislature and the governor of Virginia.

By tradition in Virginia one Commissioner is supposed to represent business, one Commissioner represents labor, and one Commissioner is supposed to be the neutral Commissioner.

Currently, Commissioner Diamond represents labor, Commissioner Williams represents business (employers), and Commissioner Dudley is the neutral Commissioner. Commissioner Diamond is now retiring.

After a hearing decision by a Hearing Deputy Commissioner, there is right of review (or appeal) by the three Commissioners. By ruling on these appeals, the three Commissioners create much of the case law for workers’ compensation in Virginia. There is a further right of appeal from the decision of the three Commissioners to the Virginia Court of Appeals. However, because the Court of Appeals has to accept a finding of fact by the three Commissioners the ruling by the three Commissioners is almost always the final word on a disputed case. Often, the labor Commissioner (Diamond) and the business Commissioner (Williams) disagree on a disputed case and it is up to the neutral Commissioner (Dudley) to break the tie. For example, up to July 26, 2011 Commissioner Diamond dissented in 102 appeals and Commissioner Williams dissented in 56 appeals. Thus, in about 102 cases the neutral Commissioner voted with the business Commissioner and in the other 56 cases he voted with the labor Commissioner.

At the end of 2011, there will be a big change. Commissioner Diamond "the voice of labor" for over 12 years at the Commission will retire.It remains to be seen whether or not the next voice of labor will as effective as Commissioner Diamond. The injured and/or disabled worker needs a voice at the Commission.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/att orneys/23230-va-gerald-lutkenhaus-1814627.html