VWC Leaders

VWC mission

To serve injured workers, victims of crimes, employers and related industries by providing exceptional services, resolving disputes and faithfully executing the duties entrusted to us by the Commonwealth of Virginia.

Commissioners and Senior Leaders

Left to Right:

Evelyn V. McGill, Executive Director; Hon. Robert A. Rapaport, Chairman;

Hon. Wesley G. Marshall, Commissioner; Hon. R. Ferrell Newman, Commissioner; Hon. James J. Szablewicz, Chief Deputy Commissioner

Chairman's message

"It is amazing what you can accomplish if you do not care who gets the credit." Harry S. Truman

2022 has been a year of great accomplishments at the Virginia Workers’ Compensation Commission. It is more than the almost two million pieces of out going mail; the 8,147 contacts handled by the Ombuds’ office; the 3,934 ADR events or the 91% success rate in the full and final mediations; the 7,107 docketed evidentiary hearings or the 1,291 opinions issued in those cases or the nearly 200 opinions issued in hearing held on the record. It is also the $5.5 million paid in awarded claims by the Virginia Victims Fund; the development of the Commission’s Petition for Medical Treatment (PMT) program; the continued success of the Medical Fee Schedule (MFS); and the implementation of the hybrid hearing and work programs. None of these accomplishments occurred in a vacuum. They are the result of the tireless work performed by everyone at the Commission and the Virginia Victims Fund on behalf of the citizens of the Commonwealth.

In addition to these achievements, the Commission was voted for a second consecutive year a Top Workplace in the Richmond Region and a Top USA Workplace. The Commission was also recognized with the Doers Award, which is given to a company that knows its mission, is moving in the right direction and working efficiently. These recognitions are particularly notable as they are voted upon by our team members.

Our goal is to the lead the nation in the delivery of workers’ compensation services. To achieve this goal we plan purposefully, prepare prayerfully, proceed positively and pursue our mission persistently. While we look back on all we have accomplished it is not the end of our journey but, rather, the starting point for the next leap forward.

Robert A.

Rapaport

Chairman

Key accomplishments

agency culture

7

Highly Commendable Recognition

COVID-19 Response

VWC continued to follow the Center for Disease Control (CDC) community level recommendations throughout 2022. When a community level is 'high', VWC requires visitors and employees to wear masks at that regional or headquarters location. VWC's COVID-19 Task Force remained in place, staying up to date with the latest CDC information and providing recommendations to the Commission accordingly.

VWC Classification and Compensation Study

During 2022, VWC's Human Resources Department completed the implementation of the VWC Classification and Compensation Study, which aligned current employees' salaries with newly developed pay grades, based on relevant years of experience and education.

Hybrid Work Structure

VWC’s hybrid work model is supported through various transparent communication methods, including monthly reports to the Commission from each department, Bi-Weekly Department Spotlight reports to the Commission by the department head, all team communications, and quarterly town halls hosted by VWC senior leaders, which includes a survey for anonymous suggestions, questions and concerns.

Diversity, Equity and Inclusion Initiative

VWC's Diversity, Equity and Inclusion (DEI) Initiative seeks to raise awareness, promote understanding of diversity and inclusion and foster employee engagement. VWC's DEI Initiative includes various sub-groups for employees participation including:

• Diversity Events
• Education and Training
• Diversity and Inclusion Book Club
• Conflict Resolution, Mediation Program
  

VWC Community Service

VWC supports giving back to communities across the Commonwealth. All employees are encouraged to participate in various events throughout the year through the VWC Community Service Volunteer Group. In 2022, Team VWC participated in the following charitable events:

• Relay For Life (American Cancer Society) June 2022, Mechanicsville High School, Mechanicsville, VA, Raised $5,013
  
• Walk to End It (Safe Harbor) November 2022, Dorey Park, Henrico, VA, Raised $1,350
  
• Food Drive (Feed More) December 2022, Raised $130 and collected 194 pounds of food for donation
  
• An additional $3,682 was donated through the Commonwealth of Virginia Campaign (CVC).
  

Continuing education credits included CDMS, CCM,

MCLE, SHRM,CME and insurance producer credits.

VWC Incoming Calls

VWC Calls Using Translation

Languages Translated During VWC Calls

VVF Incoming Calls

VWC Insurance Department Calls

Petitioning Authorization of Medical Treatment (PMT) Pilot Project

Beginning January 1, 2022, the Commission undertook a pilot program, known as the PMT Pilot Project, to expedite claims for medical treatment only. The program was available in cases where an Award had been entered , a treating physician was established, and both the claimant and the employer were represented by counsel. By the end of 2022, 351 petitions were processed within the Pilot Project. Of these, nearly half the claims were accepted and never went to a hearing docket, expediting the process. This successful pilot project will see ongoing development in 2023.

ADR Online Scheduling Pilot Project

In July 2022, in an effort to make scheduling Full and Final Mediations more efficient, the Commission’s Alternative Dispute Resolution Department (ADR) began a pilot project using a scheduling software, SignUpGenius. The project quickly eliminated the waitlist of cases that had grown due to a pause in mediations during the COVID-19 pandemic. By October 1, 2022, the ADR Department implemented the use of SignUpGenius as the primary process for scheduling Full and Final Mediations, allowing mediations to be scheduled quickly, with options for in-person, phone and WebEx (virtual) mediations.

Continuation of System Upgrades

Enhancements and adjustments to various internal systems occurred during 2022. A large focus was placed on coding the enhancements to VWC's internal application, CASPER, which will be finalized in 2024.

Virginia Victims Fund (VVF) Website Launch

Phase one of VVF's website refresh was completed in December 2022. Phase two is planned for 2023 and will continue to enhance visitors’ experience.

Cardinal Migration Project

Over the past several years, the Commonwealth has been working to replace aging personnel and payroll administrative systems. In preparation for the Cardinal HCM system's implementation, the Commission's Human Resources and Payroll Team attended many meetings and trainings and completed numerous tasks needed for system implementation. On October 3, 2022, the Commission took part in Release 3 of Cardinal HCM as the new administration application for human resources management, health benefits, time and attendance and payroll went live.

Implementation of Updated Medical Fee Schedule

On January 1, 2022, an updated Medical Fee Schedule was implemented, as well as an updated MFS Reference Tool. Training and education on the updated schedule and tool were conducted throughout 2022.

Streamlined Process for Virginia Victims Fund's Printing and Mailing Systems

All incoming and outgoing mail processing for the Virginia Victims Fund is now handled by VWC's Correspondence Management Department, freeing up time for VVF employees to process claims more efficiently.

agency financials

Virginia Victims Fund

Virginia Victims Fund Revenue and Expenses

The Virginia Victims Fund (VVF), officially the Criminal Injuries Compensation Fund, is administered by the Commission. VVF is funded by court fees, assessments on offenders, restitution and federal grant funds.

VVF’s Sexual Assault Forensic Exam Payment Program (SAFE) receives General Fund money via sums designated to the Virginia Supreme Court for reimbursement of sexual assault evidence collection expenses. VVF operates on a fiscal year. This data represents July 1, 2021 through June 30, 2022.

REVENUE: $7.3 Million

$1.7 Million

$2.0 Million

$2.9 Million

$607,790

$49,243

$4,450

Fines

General Fund Contributions

VOCA Grant

Restitution

VOCA Enhancement Grant

Miscellaneous

EXPENSES: $8.5 Million

$5.5 Million

$3.0 Million

Awarded Claims

Administrative Costs:

24 full-time employees, 1 part-time employee,

information systems, supplies and equipment

legislative update

Chapter 231 (HB689) was signed by Governor Glenn Youngkin on April 8, 2022 (effective July 1, 2022). The bill adds scooters to the list of medical equipment an employer is required to furnish to an employee under certain circumstances under the Virginia Workers' Compensation Act. The bill raises the limit on the aggregate cost of items and modifications required to be furnished by an employer to an injured employee from $42,000 to $55,000, to be increased on an annual basis.

Chapter 644 (HB923) was signed by Governor Glenn Youngkin on April 11, 2022 (effective July 1, 2022). The bill extends from December 31, 2021, to December 31, 2022, the date by which COVID-19 causing the death or disability of a health care provider is presumed to be an occupational disease compensable under the Virginia Workers' Compensation Act.

Chapter 497 (HB1042) was signed by Governor Glenn Youngkin on April 11, 2022 (effective July 1, 2022). The bill provides that the time period for filing a workers' compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs. The bill provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment.

Chapter 210 (HB749) was signed by Governor Glenn Youngkin on April 8, 2022 (effective July 1, 2022), Virginia Victims Fund. The bill provides that the Department of Criminal Justice Services shall adopt guidelines to make funds from the Virginia Sexual and Domestic Violence Victim Fund, which is used to support the prosecution of domestic violence cases and victim services, available to sexual assault service providers and hospitals for the purpose of funding the cost of salaries and equipment for sexual assault forensic examiners, sexual assault nurse examiners, and pediatric sexual assault nurse examiners, with priority for funding such costs given to such forensic examiners and nurse examiners serving rural or underserved areas of the Commonwealth.

injuries reported

Injuries Reported

Injury by Event - Top Four

23%

20%

15%

10%

5%

Cut, Scrape,

Puncture

Struck

by Object

Strain

Fall, Slip or Trip

7.2

Average Disability Days

This figure represents the initial period of disability. It does not include subsequent absences

from work due to the injury.

medical fee services department

The Commission's Medical Fee Services Department monitors, maintains and provides various points of access to the fee schedules and ground rules.

The department also responds to stakeholder fee schedule inquiries and performs administrative medical fee dispute determinations.

adjudication

The Commission works as a court system where contested workers’ compensation claims are referred to the Judicial Division for adjudication. Each contested claim is docketed before a Deputy Commissioner for an evidentiary hearing or on-the-record decision. Appeals of these decisions are docketed for review by the full Commission consisting of the three Commissioners. Appeals of the full Commission’s decisions can be made to the Virginia Court of Appeals. The Commission also adjudicates claims made under the Virginia Birth-Related Neurological Injuries Compensation Act (Va. Code §§38.2-5000 et seq.). The Commission does not pay or administer benefits, or manage assets on behalf of the Fund established by this Act. In addition, the Commission adjudicates Virginia Victims Fund (officially Criminal Injuries Compensation Fund) appeals (Va. Code §§ 19.2-38 et seq.).

$259,877,635

Total Aggregate Value of Settlements

Approved Settlements

Docket

Evidentiary Hearing Docket

On-the-Record Docket

Show Cause

Alternative Dispute Resolution

As part of the Judicial Division, the Alternative Dispute Resolution (ADR) program provides voluntary, confidential and informal dispute resolution processes. Facilitations are conducted by ADR staff members who assist parties in reaching an agreeable solution, without going through the formal hearing process.

The Commission’s 23 certified mediators include both retired and current Commissioners and Deputy Commissioners, as well as Staff Attorneys, who regularly mediate in nine locations across the Commonwealth.

The Full and Final waitlist, a byproduct of the COVID-19 pandemic, was eliminated in October 2022 by implementation of a scheduling software, SignUpGenius.

Full and Final Mediation Rate

Issue Mediation Rate

Issue Facilitation Rate

regional locations

Deputy Commissioners serve as administrative law judges and preside over evidentiary and on-the-record hearings throughout the Commonwealth to determine rights and liabilities of parties under the Act.

Deputy Commissioners by Regional Location

BRISTOL

Hon. Christen W. Burkholder

Hon. D. Edward Wise, Jr.*

RICHMOND

Hon. Fredrick M. Bruner

Hon. John T. Cornett, Jr.

Hon. Angela F. Gibbs

Hon. Linda M. Gillen

Hon. Brooke Anne C. Hunter

Hon. Andrea W. Lee

Hon. P. Randolph Roach, Jr.

FAIRFAX

Hon. Susan E. Cummins

Hon. John S. Nevin

Hon. Dana L. Plunkett*

Hon. Josh Wulf

ROANOKE

Hon. Deborah Wood Blevins

Hon. Robert M. Himmel

Hon. Linda D. Slough*

HARRISONBURG

Hon. Jason P. Cording

Hon. William R. Culbreth*

MANASSAS

Hon. William T. Kennard

Hon. W. Geovanni Munoz*

Hon. Jimese Pendergraft Sherrill

VIRGINIA BEACH

Hon. Lynne M. Ferris

Hon. Terry L. Jenkins*

Hon. Lee E. Wilder

*Managing Deputy Commissioner

compliance

Compliance Process Flow

Employer | EDI | PEO

Educate

Monitor

Investigate

Respond

VWC provides guidance on electronic claims submissions and coverage requirements and monitors compliance regularly. Compliance is enforced through various processes including report cards for EDI submissions and a team of investigators who regularly monitor insurance compliance. VWC strives to maintain open communication and provide support through direct contact, outreach and training opportunities.

Employer Compliance

Certificate of Workers’ Compensation Insurance

If requested by an employer, a Certificate of Workers’ Compensation Insurance (Form 61A) is provided by the Commission in support of any Commonwealth of Virginia business licensing and registration requirements.

14,867

Online Submissions

Investigations Unit

An employer conducting business in Virginia must maintain an insurance policy in accordance with the provisions set forth in the Virginia Workers’ Compensation Act. The Investigations Unit conducts employer insurance policy verification sweeps throughout the Commonwealth of Virginia to ensure that employers are compliant with insurance coverage requirements.

1,468

Sweeps

62% from 2021

Electronic Data Interchange Compliance

Claim Administrators are required to submit various Electronic Data Interchange (EDI) transactions on claims depending on what actions are taken throughout the claim’s lifespan. The compliance team within the EDI Department issues report cards to trading partners in an effort to decrease Penalty Orders issued for late submission of reports and transactions, and provide a useful guide to trading partners on their status.

EDI training continues as new trading partners come on board and existing trading partners seek assistance with their filings.

Professional Employer Organization Compliance

A Professional Employer Organization (PEO) enters into a written agreement to provide professional employer services to one or more client companies. PEOs are required to register with the Commission prior to transacting business in Virginia.

Total PEOs

2018

2019

2020

2021

2022

10%

from 2021

The number of PEO’s may vary due to the timing of reporting and any registrations that may be revoked or suspended.

looking ahead

vwc contact information

333 E. Franklin St., Richmond, VA 23219 | 877-664-2566 | questions@workcomp.virginia.gov | workcomp.virginia.gov

Commissioners

Hon. Robert A. Rapaport

Chairman

Hon. Wesley G. Marshall

Commissioner

Hon. R. Ferrell Newman

Commissioner

Senior Leaders

Evelyn V. McGill

Executive Director

Hon. James J. Szablewicz

Chief Deputy Commissioner

Judicial Leaders

Deborah W. Blevins

Alternative Dispute Resolution Managing

Deputy Commissioner

Frederick M. Bruner

Judicial Petition and

Order Deputy

Commissioner

Lorraine B. D'Angelo

Ombuds

Angela F. Gibbs

Judicial Compliance

Show Cause Deputy Commissioner

Jason S. Quattropani

Clerk of the Court

Departmental Leaders

Paul J. Baitinger

Chief Information Officer

Shannon Dion

Director of Virginia Victims Fund

Chadwick D. Burns

Project Management

Office Manager

Vivian R. Lane

Director of Claims Services and Insurance Compliance

Amy M. Pearson

Chief Financial Officer

Financial Services

Faith G. Richardson

Human Resource

Manager

Charles W. Steepleton

Director of Correspondence Management and

Outreach Services

Stephanie C. Sweeney

EDI Quality Assurance

Manager

Drema M. Thompson

Medical Fee Services

Manager

Michael S. Wickham

Information Security

Officer