What are the steps in the third-party appeals process?

The third-party appeals process is a legal process in Virginia that allows employers to challenge claims for benefits made to the Virginia Workers’ Compensation Commission (VWC) by injured industrial employees. If the employer believes that the injured employee does not qualify for benefits, the employer can opt to file an appeal with the VWC, which will be heard by an administrative law judge. The first step in the third-party appeals process is to file a pleading with the VWC. This is typically done by the employer’s lawyer and includes a description of the dispute and the grounds for the employer’s challenge of the claim for benefits. The next step is for the judge to hold a hearing, which is conducted in accordance with the conditions specified in the rules of practice of the VWC. In this hearing, both the employer and employee will be allowed to present evidence, call witnesses, and question each other. Both sides can also submit legal arguments. After the hearing is complete, the judge will issue an order of decision. This order will give the reasons for the decision and will include the judge’s findings of fact and conclusions of law. The last step in the appeals process is for the order of decision to be reviewed by the full 3-member Commission, which is the governing body of the VWC. The Commission will then decide if the decision of the judge was correct or whether the order should be changed or reversed. The final decision of the Commission is binding on both the employer and the employee.

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