As amended through September 26, 2024
Rule 5A:11 - Special Rule Applicable to Appeals From the Virginia Workers' Compensation Commission(a)Non-Application of Other Rules. - Rules 5A:6 through 5A:10 do not apply to appeals from the Virginia Workers' Compensation Commission except as otherwise specified in this Part Five A.(b)Notice of Appeal. - No appeal from an order of the Commission will be allowed unless, within 30 days after entry of the order appealed from, counsel files with the clerk of the Virginia Workers' Compensation Commission a notice of appeal which must state the names and addresses of all appellants and appellees, the name, Virginia State Bar number, mailing address, telephone number (including any applicable extension), facsimile number (if any), and e-mail address (if any) of counsel for each party; and the mailing address, telephone number, facsimile number (if any), and e-mail address (if any) of any party not represented by counsel; and whether the appellant challenges the sufficiency of the evidence to support the findings of the Commission. A copy of the notice of appeal also must be filed in the office of the clerk of this Court, and except as otherwise provided by law, must be accompanied by the $50 filing fee required by statute. The fee is due at the time the notice of appeal is presented. The clerk of this Court may file any notice of appeal that is not accompanied by such fee if the fee is received by the clerk within 10 days of the date the notice of appeal is filed. If the fee is not received within such time, the appeal will be dismissed.(c)Record on Appeal. - The record on appeal from the Commission consists of the originals or copies of the notice of appeal, the employer's first report, medical reports, applications for hearings, the transcript of any hearing, depositions, interrogatories and answer to interrogatories, and opinions of a commissioner or deputy commissioner and opinions of the Commission, together with such other material as may be certified by the clerk of the Commission and must conform as nearly as practicable to the requirements of Rule 5A:10(b), provided, that, unless it is stated in the notice of appeal that the appellant challenges the sufficiency of the evidence to support the findings of the Commission, the clerk of the Commission need not prepare or certify the transcript of any hearing.(d)Transmission of Record. - The record must, as soon as it is certified by the clerk of the Commission, be transmitted by that clerk to the clerk of this Court. It must be so transmitted within 30 days after filing of the notice of appeal.(e)Notice of Filing. - The clerk of this Court must promptly notify all counsel of the date on which the record is filed in the office of the clerk of this Court.(f)Separate Cases. - Whenever two or more cases were tried together in the Virginia Workers' Compensation Commission, one notice of appeal and one record may be used to bring all such cases before this Court even though such cases were not consolidated by formal order.(g)Record Returned to Commission. - When the mandate is issued by this Court, the clerk of this Court must return the record to the clerk of the Commission. The clerk of the Commission must return the record upon request of the clerk of this Court.Amended by Order January 30, 2004; effective 4/1/2004; amended by order dated July 11, 2006, effective immediately; amended by order dated April 30, 2010, effective 7/1/2010; amended by Order dated March 1, 2011; effective 5/2/2011; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021.