VIRGINIA WORKERS’ COMPENSATION COMMISSION
2023
Annual
Report
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.
VISION:
Lead the nation as the most effective and innovative state agency.
VALUES:
- Innovative
- Respectful
- Accountable
- Reliable
- Impartial
- Integrity
- Effective
Message from the Commission Chairman
As the calendar page turns to a new year, the Virginia Workers’ Compensation Commission (VWC) is pleased to highlight the milestones achieved in 2023 and the positive impact made by the Commission on the community it serves. The Commission is committed to fostering fairness and efficacy in resolving workers’ compensation claims, and remains dedicated to serving the best interests of both employees and employers alike.
Though the Commissioners and senior leadership are proud of the accomplishments of the Commission, we acknowledge that its success is attributed to the collective efforts of its dedicated workforce. It is the Team’s dedication, expertise, and collaborative spirit that have contributed to the Commission’s 2024 recognition as a Top Workplace for the fourth consecutive year. This honor is based on the submissions of the Commission’s valued Team and underscores a commitment to fostering a supportive and rewarding work environment. Commission leadership values honest feedback from all Team members, and implements Commission-wide changes based on the feedback it receives. While we view this award as a great accomplishment it should not be the end of the road, just the starting point for the next leap forward.
Looking forward, the Virginia Workers’ Compensation Commission remains steadfast in its goal to lead the nation in the realm of workers’ compensation, with confidence in the Team’s ability to achieve continued success and exceed expectations.
- The Honorable Robert Rapaport
VWC
Departments
Human Resources
- Manages human resources
- Facilitates onboarding and offboarding
- Administers benefits
Information Systems
- Supports all technology used by the Commission through six teams:
- Application Development
- Database
- Help Desk
- Network Engineering
- Online Specialist
- Software Testing
Insurance Compliance
- Ensures employer compliance
- Enforces carrier compliance
- Enforces Professional Employer Organization (PEO) registration and compliance
- Creates claim shells
- Processes rejection of coverage/termination of rejection of coverage
- Processes Occupational Disease Waivers
- Handles customer interface via phone calls, emails and proof of coverage(POC)
Judicial Division
Includes Commissioners, Chief Deputy Commissioner, Deputy Commissioners, Clerk's Office, Regional Offices, Alternative Dispute Resolution Department, Judicial Compliance - Show Cause and the Petition & Order (settlement) Department.
- Provides information about the Act
- Mediates or adjudicates disputed claims
- Conducts hearings
- Issues timely written opinions adjudicating disputes and appeals
Administration
- Provides senior leadership
- Coordinates the Leadership Team
- Plans Commission meetings, all Team Town Halls, DEI Committee requirements
- Plans and implements policy
- Fulfills agency requirements within state government
Claims Services
- Processes claims and hearing applications
- Enters award agreements/ terminations, opinions and stipulations
- Assists parties with rate calculations
- Administers the Uninsured Employer’s Fund
- Investigations Team - Ensures employer compliance with workers’ compensation insurance coverage requirements
- Sets yearly COLA and min/max rates
Correspondence Management
- Processes incoming mail
- Manages document workflow
- Indexes and analyzes correspondence practices and data
- Handles outbound mail
EDI Quality Assurance
- Establishes and maintains the EDI standards for employers, carriers and claim administrators to report workplace accidents to VWC
- Enforces compliance
Financial Services
- Collects revenue
- Administers budgets
- Manages purchasing operations
Medical Fee Services
- Establishes and maintains medical fee schedule quality standards for VWC
Outreach Services
- Provides call center support
- Delivers web-related services
- Conducts reports and analysis
- Executes marketing campaigns
- Organizes and administers educational and outreach events
Project Management
- Oversees Commission projects
- Oversees the software release process (SDLC)
- Supports the Executive Director in strategic planning
- Fosters an environment that encourages open and willing communication
Virginia Victims Fund (VVF)
- State program created to help victims of violent crime with out-of-pocket expenses
- Administers the Compensating Victims of Crime Act in a compassionate, fair and efficient manner
Agency Accomplishments
Human Resources Department Restructure & Enhanced Staffing
Expansion of VWC's Human Resources system, Kronos, began in 2023. This includes an automated recruitment process and plans for performance management automation, which will reduce VWC's dependency on paper, further supporting VWC's hybrid work model. The New Hire Orientation process was also enhanced during 2023, with an in-person welcome of all new hires by the Executive Director and various leaders.
2023
doers
award
winner
2023
doers
award
winner
VWC was recognized for the third consecutive year as a Top Workplace in the Richmond Region. In 2023, VWC was also recognized as a Top USA Workplace, and received the Top Award for Mid-Sized Companies as well as the Doers Award for the second year in a row.
Claim & Supplemental Agreement
Forms
Redesigned
VWC made updates to the Claim Form including revisions to verbiage for filing options, removal of the language “Lifetime Medical Award” and details on how to access the Ombuds Department.
The Supplemental Agreement Form now enables parties to reach an agreement for broken periods and varying periods of disability.
Enhanced Internal Communications Developed
To enhance the hybrid work environment and team connectivity, VWC reimagined its internal communications, including a Team newsletter and branded digital templates.
Successful
Security
Review and Modifications
Various security enhancements were implemented in 2023, including security camera enhancements, testing of all security systems, notifications, police response and security trainings for Team Members.
By far you were
the most prepared
in the Commonwealth
-Independent Auditor
Virginia Victims Fund (VVF) Updates
VVF enhanced partnerships in 2023, including:
- Hiring a mass casualty claims coordinator;
- Hosting the second VVF Symposium;
- Expanding Sexual Assault Forensic Examination (SAFE) Payment Program.
Expansion of the Petition for Medical Treatment Pilot Project
In support of the Petition for Medical Treatment (PMT) pilot project, a PMT Claim Form was developed in 2023. This form provides a direct filing mechanism for stakeholders and greater accuracy in statistical tracking.
Agency Culture
267
Team Members
Hybrid Work Structure
DEI Initiative
VWC’s DEI Initiative raises awareness, promotes understanding
and fosters engagement.
VWC’s hybrid work model provides a positive
work-life balance.
13
Departments
7
Offices in VA
Richmond HQ + 6 Regional Offices
93
Above & Beyond Awards
Peer-nominated program
180
Highly Commendable Recognition
Performance-based employee recognition program
Open Communication
VWC Classification
& Compensation Study
VWC values the feedback
of all Team Members.
VWC ensures fair and competitive salaries.
Employee Appreciation
VWC recognizes the strengths and contributions of employees.
Community Service
VWC’s community service events promote comradery and community engagement.
VWC Community Service Events
Relay For Life
Over $10,000 raised in 3 years of participation
45 cards collected and distributed
Card Collection
Drive
First Responders Childrens Foundation
$605 and
19 toys
FeedMore Food Drive
$180 and 105 pounds of food
virginia workers’ compensation commission
VWC Recognized as a Top Workplace for a Third Consecutive Year
testimonials
Juliana Silva
“So far so good; I really enjoy it here.”
VWC words from new hires...
“I love it here; my stress level has gone away; everyone has been very helpful.”
“I returned to VWC because of the leadership and the culture; I missed that.”
“I’m so happy to be here. Everyone has been so delightful – I’m absolutely thrilled to work with such a fantastic team! Thank you for making me feel so welcome and already a part of such a wonderful community. I appreciate you!”
2023
doers
award
winner
“The Commission is extremely proud to be recognized for the third year in a row as a Top Workplace.
Beyond our achievements in the work we do daily to assist injured workers and victims of crime in Virginia, we are pleased to know that our Team feels their work is valued, and a positive work culture and work-life balance continue to be achieved. We feel these are necessary for a successful agency, and in turn, produce successful work outcomes.”
- Chairman Robert A. Rapaport
VWC Projects
A user interface refresh of internal software continued throughout 2023.
Services provided by various mental health categories are now covered under claims with the Virginia Victims Fund.
Revised the
20-Day Order –
Payments Made Process for
implementation in January 2025.
strategic
plan
A Strategic Direction Committee was developed to lead the agency’s strategic direction.
Prepared Medical Fee Schedule and MFS Calculator Tool for rollout on January 1, 2024.
MFS Regulatory Advisory Panel conducted various updates and meetings in 2023.
VVF’s Sexual Assault Forensic Exam (SAFE) program expanded numerous covered services including x-rays, scans and hospital-administered prescriptions.
3.1 EDI Tables (requirements, timeline, testing information, etc.) published in 2023 with planned implementation planned for January 2025.
Outreach & Education
Ombuds Outreach
In 2023, the Ombuds Department assisted 9,614 people.
Who contacts the Ombuds Department?
What are the most common topics of discussion?
88%
5%
4%
3%
Injured Workers
Unofficial Representative (people on behalf of injured workers)
Unrepresented Employers
Carriers/Adjusters
Other (including insurance agents, attorneys, medical providers and others calling with questions)
14%
12%
9%
8%
8%
6%
5%
4%
4%
Understanding the Workers’ Compensation process
How to File a Claim
Medical Records Discussion
Medical Treatment Discussion
Hiring an Attorney
Hearings
Lost Wages
The Discovery Process
Burden of Proof
VWC’s Ombuds Department serves as a free, confidential resource, providing information and assistance to workers, employers and other parties who are not represented by a lawyer and need help understanding the workers’ compensation system.
Mail Correspondence
70,381
147,087
454,797
Incoming Mail
Outgoing Mail
Number of Pages Scanned
136
622,270
12,662
VWC External Communications
VWC Website Visitors
VVF Website Visitors
Online
Correspondence
Outreach Partnerships
140
85
VWC Outreach/ Training Partnerships
VVF Outreach/ Training Partnerships
VWC Educational Conference
Continuing education credits included CDMS, CCM, MCLE, SHRM, CME and insurance producer credits.
561
45
38
Conference Attendees
Sponsors
Educational Sessions
Phone Calls Received
47,115
1,726
28
31,524
11,821
VWC Incoming Calls
VWC Calls Using Translation
Languages Translated
During VWC Calls
Incoming VVF Calls
Incoming VWC Insurance Compliance Department Calls
2023 VVF Symposium
- A Model of Collaboration
- A Vision of Excellence for Sustainable Collaboration and Impact in Victim Compensation and Victim Services
- Victim Voices in the Criminal Justice Process
- Expert Advice on Advocating for Your Program
9
64
5
Speakers
Attendees
Vendors
2023 MFS Symposium
- MFS’s first Symposium
- Various external training presentations
- Over 150 stakeholders attended
Industry
Comparison
2022/2023 Workers’ Compensation Premium Index Rates:
A State-by-State Comparison
Every two years, The Oregon Workers’ Compensation Commission (OWCC) conducts a study of the Workers’ Compensation premiums paid by employers for workers’ compensation insurance per $100 per payroll indexed. Every state and the District of Columbia is included in this study.
How does the OWCC collect its data?
“We survey insurance regulators and workers' compensation rating bureaus in each of the 50 states plus Washington, D.C., for rate information, as of Jan. 1 of the study year.”
How does the OWCC calculate the index rate?
“Every state's economy is different, which leads to a different mix of industries, occupations, and occupational hazards. We want to factor out this difference by using a comparable mix of risk classifications for each state. The Index Rate is a type of weighted average, using a consistent mix of 50 major risk classifications, across all states.”
What does this mean for Virginians?
Virginia is ranked 36 out of 50 states and the District of Columbia, with lower rankings being the highest WC costs and higher rankings being the lowest WC costs. Virginia’s Index Rate is 1.01 and the Percent of Median is 79%. This means that our Workers’ Compensation Commission costs less per $100 units of payroll than 35 of 51 workers’ compensation divisions across the nation. This low-cost workers’ compensation system is known to create economic advantages in promoting business and job growth.
Does the OWCC consider cost of living differences between states?
“Consideration of cost of living is implicitly built in, since premium rates are based on $100 units of payroll, and average wages are generally higher in high-cost areas. Comparison to available state-level data shows very little relationship between rates and cost of living.”
Workers’ Compensation Insurance Premium Costs by Employers
Per $100 Units of Payroll
2022-2024 Study: Ranking by State
Ranking is based on the Percent of Median, which is calculated by the Index Rate (dollar value).
> $1.70
$1.40
to
$1.70
$1.20
to
$1.40
$.90
to
$1.20
< $.90
#1
New Jersey (192%)
#2
Hawaii (178%)
#3
California (178%)
#4
New York (169%)
#5
Louisiana (167%)
#6
Vermont (156%)
#7
Wyoming (146%)
#8
Wisconsin (132%)
#9
Maine (131%)
#10
Connecticut (129%)
#11
Rhode Island (128%)
#12
Minnesota (122%)
#13
Missouri (121%)
#14
Iowa (120%)
#15
Montana (115%)
#16
Idaho (112%)
#17
Oklahoma (111%)
#18
New Hampshire (109%)
#19
Illinois (109%)
#20
Alabama (108%)
#21
Alaska (107%)
#22
South Carolina (106%)
#23
Delaware (106%)
#24
Washington (103%)
#25
South Dakota (102%)
#26
Pennsylvania (100%)
#27
New Mexico (99%)
#28
Florida (99%)
#29
Nebraska (98%)
#30
North Carolina (91%)
#31
Georgia (90%)
#32
Massachusetts (83%)
#33
Maryland (81%)
#34
Tennessee (81%)
#33
Kansas (80%)
#36
Virginia (79%)
#37
Nevada (89%)
#38
Michigan (78%)
#39
Mississippi (77%)
#40
District of Columbia (75%)
#41
Colorado (73%)
#42
Oregon (73%)
#43
Texas (69%)
#44
Arizona (69%)
#45
Utah (67%)
#46
Kentucky (66%)
#46
Ohio (60%)
#48
Indiana (68%)
#49
Arkansas (51%)
#50
West Virginia (50%)
#51
North Dakota (45%)
Agency Financials:
2023: A Year in Numbers
Uninsured Employer’s Fund
The Uninsured Employer’s Fund (UEF) provides compensation and medical payments to injured employees or dependents whose employer was not properly insured at the time of a compensable work-related accident.
The UEF was funded with:
- 0.05% tax assessment on premiums from all workers’ compensation insurers and self-insurers
- 50% of the revenue from fines assessed by the Commission
- Claim payment recoveries from uninsured employers
UEF
Revenue
$2.55M
UEF
Expenses
$2.4M
Employers are required to have workers’ compensation insurance.
This insurer tax funds the
Virginia Workers’
Compensation Commission
Contractual
Services
16%
Budget
Costs
Benefits/ Salaries
70%
Commission Funds
The Commission collected a 2.45% tax assessment on insurance premiums from all workers’ compensation insurers and self-insurers for the Commission’s operating budget, which operates on a fiscal year. This data represents July 1, 2022 through June 30, 2023.
- Commission Tax Collection for the Administrative Fund
$36.8M
Commission Expenditures
Fixed
Costs
6%
Supplies/
Equipment
8%
70%
16%
Benefits/Salaries
Contractual Services
- Computer maintenance
- Travel
- Postage
- Communications
8%
6%
Supplies/ Equipment
Fixed Costs
- Insurance
- Utilities
- Lease Agreements
Mental Health
20,446
Number of VWC Claims
Number of VWC Claims
Rising Mental Disorders and Mental Stress in VWC Claims
Mental Disorders
500
400
300
200
100
0
Mental Stress
National Alliance on Mental Illness (NAMI)
FAST FACTS
- 1 in 5 US adults experience mental illness each year.
- 1 in 20 US adults experience a serious mental illness each year.
- 1 in 6 US youth aged 6-17 experience a mental health disorder each year.
- 50% of all lifetime mental illness begins by age 14, and 75% by age 24.
- Suicide is the second leading cause of death among people aged 10-24.
MENTAL HEALTHCARE MATTERS
- 47% of US adults with mental illness received treatment in 2021.
- 65% of US adults with serious mental illness received treatment in 2021.
- 51% of US youth aged 6-17 with a mental health disorder received treatment in 2016.
- The average delay between onset of mental illness symptoms and treatment is 11 years.
THE RIPPLE EFFECT
- People with depression have a 40% higher risk of developing cardiovascular and metabolic disease.
- 34% of US adults with mental illness also experienced a substance use disorder in 2021.
- The rate of unemployment is higher among US adults who have mental illness (7.4% compared to 4.6%).
- Depression and anxiety disorders cost the global economy $1 trillion in lost productivity each year.
- Depression is a leading cause of disability worldwide.
from the Virginia Victims Fund
Vicarious Trauma is the work-related stress resulting from continued exposure to traumatized or suffering people. It was initially defined as the “cost of caring” and is sometimes referred to as “compassion fatigue.” While the symptoms may be similar, vicarious trauma is different from burnout. Working and volunteering in victim services and other professions whose primary client group consists of people who have been through traumatic events takes an impactful toll.
Employees affected by or at risk of being affected by vicarious trauma should take special care to protect their emotional wellbeing. Having engaging hobbies, limiting outside exposure to traumatic media/news outlets and taking care of one’s mental and physical health are key to working in situations with repeated exposure to the trauma of others.
Mental Stress
- Temporary
- Proportionate to circumstances
- Manageable
- Limited impact on daily functioning
- May cause:
- Difficulty concentrating
- Sleep disturbances
- Social withdrawal
- Changes in appetite
- Heightened anger
- Altered sleep patterns
- Reduced energy
- Negative self-perception
vs
Mental Disorder
- Overwhelming, persistent, interfering with daily functioning
- Nine types:
- Anxiety Disorder
- Depression
- Bipolar Disorder
- Post-traumatic Stress Disorder (PTSD)
- Schizophrenia
- Eating Disorders
- Disruptive Behavior and Dissocial Disorders
- ADHD
- Autism Spectrum Disorder (ASD)
- Borderline Personality Disorder (BPD)
Injury
Statistics
Percentage
of Claims
by Gender
Most Common Injury by Age
Most Common
Body Part Injured
18-30
Contusion
7
31-45
Strain or Tear
46-55
Strain or Tear
56-65
Contusion
>65
Contusion
2% Neck
2
36%
Upper Extremity
22%
Lower Extremity
2
2
15%
Trunk
12%
Head
2%
Neck
13%
Multiple
<1%
Unknown/Other
Cut, Scrape
or Puncture
31%
Struck by Object 5%
Fall, Slip
or Trip
55%
Strain 5%
Other 4%
Common
Types of
Injuries
162,937
Subsequent Report of Injury (SROI) Forms Filed
32,201
Claims Received
28,154
986
1,191
1,870
Request for Hearing
Assertation of Rights
Employer’s Applications for Hearing
Medical Provider Applications
Injuries
Reported
242,502
First Report of Injury
(FROI) Forms Filed
2.7
Average Number of
Days on Disability
This figure represents the initial
period of disability. It does not
include subsequent absences
from work due to the injury.
Top 10 Industries with Highest Number of Injuries Reported
Industry | # Injuries | Avg. # Days on Disability |
Healthcare and Social Assistance | 20,446 | 2 |
Public Administration | 18,337 | 2 |
Retail Trade | 17,465 | 3 |
Educational Services | 12,272 | 1 |
Manufacturing | 9,133 | 3 |
Accommodation & Food Services | 7,617 | 2 |
Transportation & Warehousing | 6,367 | 7 |
Construction | 6,110 | 7 |
Waste Management & Mediation Services | 5,540 | 5 |
Wholesale Trade | 4,714 | 5 |
Eco-Friendly Claim Filing: WebFile Paperless Option
VWC’s online platform, WebFile, gives users secure access to claims and documents anytime, anywhere.
925,542 WebFile Logins
196,756 WebFile Users
46% of WebFile Users are Paperless.
2023 Rates
Effective January 1, 2023,
the mileage reimbursement rate
is $.655 per mile.
Effective July 1, 2023,
the maximum compensation rate
will be $1,343.
Effective July 1, 2023,
the minimum compensation rate
will be $335.75.
Effective October 1, 2023,
the cost of living
(COLA) rate will be 6.4%.
Injuries by Locality
Breakdown of Injuries by Location
Major Injuries Reported: 45,220
Minor Injuries Reported: 77,762
This map reflects the total of major and minor injuries, plus additional injuries that occurred outside of Virginia, but within Virginia’s jurisdiction.
2023 Workers’ Compensation Legislative Updates
HB 1408 - Brewer - Workers' compensation; presumption of compensability for certain cancers.
Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include bladder and thyroid cancer. The presumption for these cancers does not apply for any individual diagnosed with such a condition before July 1, 2023.
Medical Fee Services
The Commission’s Medical Fee Services Department (MFS) 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.
$7,651,756
Maximum Fee Amounts
Reviewed
3,905
Number of Stakeholders Assisted
20,265
MFS Schedules/ Web Content Accessed
MFS Schedules and Calculator Tool are available online.
MFS Newsletters
MFS publishes a quarterly newsletter, available on VWC’s website.
Sign up to receive the MFS newsletter here by selecting ‘Medical Provider’ as client type.
Adjudication
Adjudication Legal process of resolving disputes or deciding a case by review of the evidence
Key
Terms
Evidentiary Hearing In-person adjudication decided with testimony and admission of evidence
Docketed Referred for a hearing, pending a decision
On-the-Record Decision
made without oral
testimony but on
Appeal Request to a higher court to reverse of the decision of a lower court
written position
statements and
The Commission works as a court system where contested workers’ compensation claims are referred to the Judicial Division for adjudication.
Each contested claim is referred to a Deputy Commissioner’s docket 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.
admitted
evidence
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.
$282,975,643
Total Aggregate
Value of Settlements
4,894
Number of
Approved Settlements
In addition, the Commission adjudicates Virginia Victims Fund (officially Criminal Injuries Compensation Fund) appeals (Va. Code §§ 19.2-38 et seq.).
Docket
Referrals
Opinions
Issued
Review Docket
Referrals
Review Decisions
Issued
Evidentiary Hearing Docket
On-the-Record Docket
Show Cause
1,185
183
1,232
525
493
7,034
1,349
5,315
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 21 certified mediators include both retired and current Commissioners and Deputy Commissioners, as well as Staff Attorneys, who regularly mediate virtually statewide and in-person in nine locations across the Commonwealth.
4,509
ADR Events
Orientation Sessions
Full and Final Mediations
Issue Mediations and Issue Facilitations
1%
26%
73%
ADR Resolution Rates
Full and Final
Mediation Rate
Issue Mediation Rate
Issue Facilitation Rate
same
3%
3%
91%
81%
42%
Regional Locations
Deputy Commissioners by Regional Location
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.
Headquarters
BRISTOL
Hon. Christen W. Burkholder
Hon. D. Edward Wise, Jr.*
FAIRFAX
Hon. Susan E. Cummins
Hon. John S. Nevin
Hon. Dana L. Plunkett*
Hon. Josh Wulf
HARRISONBURG
Hon. Jason P. Cording
Hon. William R. Culbreth*
MANASSAS
Hon. William T. Kennard
Hon. W. Geovanni Munoz*
Hon. Jimese Pendergraft Sherrill
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.
ROANOKE
Hon. Deborah Wood Blevins
Hon. Robert M. Himmel
Hon. Linda D. Slough*
VIRGINIA BEACH
Hon. Lynne M. Ferris
Hon. Terry L. Jenkins*
Hon. Lee E. Wilder
Regional Office
Hearing Location
Berryville
Fairfax
*Managing Deputy Commissioner
Harrisonburg
Manassas
Madison
Staunton
Spotsylvania
Warsaw
Lexington
Charlottesville
Richmond
Roanoke
Rustburg
Williamsburg
Grundy
New River Valley
Lawrenceville
Big Stone Gap
Martinsville
Lebanon
Franklin City
Galax
Danville
Bristol
Eastville
Hampton
VA
Beach
Compliance
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
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.
4,509
Sweeps
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.
*The number of PEOs may vary due to the timing of reporting and any registrations that may be revoked or suspended.
VWC Program Administration
VWC Administers 3 Program Funds
Second Injury Fund
The Second Injury Fund is used to alleviate some of the expenses employers who hire workers with disabilities will face if an accident occurs that causes one of these individuals to suffer a second and permanent disabling injury.
Uninsured Employer’s Fund
The Uninsured Employer’s Fund (UEF) was created by
state legislation in order to provide payment of medical bills and compensation to injured workers in the event their employer fails to carry an active workers’ compensation insurance policy. The UEF may place a lien on assets of the uninsured employers until the debt is repaid.
These claims are managed by a third-party administrator who collects all evidence, prepares the claims for hearings and administers payments of compensation and medical benefits.
On July 1, 1977, the Virginia Compensating Victims of Crime Act was enacted to compensate victims who suffer injuries from crimes committed against them. The compensation program is administered by the Virginia Workers' Compensation Commission through the Virginia Victims Fund (VVF). Throughout the years, additional responsibilities were given to VVF to support crime victims.
Compensation Claims - Benefits are limited to a total of $35,000 and are payable for medical expenses, wage loss, moving expenses, crime scene clean-up, counseling costs and other expenses incurred by or on behalf of a victim. In homicide cases, funeral or burial expenses are payable up to $10,000; eligible relatives may receive survivors’ counseling; and dependent survivors may receive compensation for loss of support from the victim. Benefits are funded through fines levied against individuals convicted of felonies and misdemeanors in the Courts of the Commonwealth and through federal grants under the Victims of Crime Act (VOCA). No state general funds support this program.
SAFE Payment Program - As of July of 2008, the Fund also administers the Sexual Assault Forensic Exam (SAFE) payment program for the Commonwealth. This program pays for forensic examinations of sexual assault victims so they do not bear the financial burden. The program pays for associated medical treatment, prescriptions, follow-up examinations, and transportation. This is the only VVF program that receives state general funds.
The Virginia Victims Fund issues the Policy Manual under the authority, direction and guidance of the Virginia Workers’ Compensation Commission. When administering the Fund and making claims determinations, the policy manual, the SAFE payment policy manual, the Virginia Compensating Victims of Crime Act and the grant rules of the Victims of Crime Act must all be considered.
VVF’s mission is to administer the Compensating Victims of Crime Act in a compassionate, fair and efficient manner. In doing so, the Fund strives to treat every victim and survivor with dignity and respect, recognizing the tremendous impact that violent crime has on our community.
VVF FINANCIALS
Awarded to Victims
$6.32M
$3,080,208
$3,243,146
Fund Revenue
$9.74M
$1.9M
$3.55M
$2.05M
$2.08M
$94,260
$9,730
Fines
SAFE General Fund Contributions
VOCA Grant
Restitution
- $792,021 Claimed
- $1,287,021 Unclaimed
VOCA Enhancement Grant
Miscellaneous
Virginia Victims Fund
Sexual Assault Payment Program (SAFE)
Misc: <1%
Restitution
21%
VOCA Grant
21%
Fines
20%
General Fund
Contribution
37%
VVF operates on a fiscal year. The data shown
represents July 1, 2022 - June 30, 2023.
Data pulled for this report may be subject to change if claims originally in process are awarded to victims. VVF and SAFE data may vary depending on the date of the data extraction.
VVF
Other
9%
Robbery - 2%
Motor Vehicle
5%
Sexual Assault
7%
Types
of
Crime
Crime
Types
1,627
Claims
Received
Assault
(Non-Domestic)
48%
Homicide
(Non-Domestic)
29%
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
0
<
VOCA
Enhancement
Grant: 1%
The Way Forward: 2024
- Strategic Direction Initiative
- VWC’s Strategic Direction Initiative is designed to chart the path forward for VWC with various action items being identified for the next several years to improve leadership, culture, environment, technology and personnel with input from VWC’s leaders and Team in 2024.
- New Medical Fee Schedule
- The 2024 Medical Fee Schedule has a planned implementation of January 1, 2024. This includes updated tools, resources and training opportunities. The schedule continues to be monitored for any necessary changes in updated future schedules.
- Continued Technological Advancements
- The multi-year effort to upgrade VWC's internal platform, CASPER, to the new User Interface technology platform has a planned completion in 2024.
- EDI 3.1, XML Final Preparations for 2025 Go Live
- The Commission’s EDI Quality Assurance Department will continue preparations for the EDI 3.1 implementation planned for January 16, 2025. This includes training at the 2024 VWC Educational Conference & Exhibition.
- VVF Enhanced Access Opportunities
- VVF is creating an online portal for victims to apply and monitor claims.
- VVF is enhancing database efficiencies and updating portals for court clerks and forensic nurses.
- Diversity, Equity, Inclusion (DEI) Initiative
- VWC will continue to enhance its DEI Initiative with various programs through the Events/Dialogues Sub-Committee,
- Training/Education Sub-Committee, Outreach
- Committee, Informal Conflict Resolution
- Committee and Book Club.
- Continued Modification of VWC Headquarters
- VWC has a redesigned HQ plan and will continue to evaluate and secure tenants to occupy available space.
virginia workers’ compensation commission
Contact Information
333 E. Franklin St., Richmond, VA 23219 877-664-2566 questions@workcomp.virginia.gov workcomp.virginia.gov
Hon. Robert A. Rapaport
Chairman
Hon. Wesley G. Marshall
Commissioner
Hon. R. Ferrell Newman
Commissioner
Commissioners
Evelyn V. McGill
Executive Director
Hon. James J. Szablewicz
Chief Deputy
Commissioner
Senior Leaders
Deborah W. Blevins
Managing Deputy: Alternative Dispute Resolution
Frederick M. Bruner
Managing Deputy: Judicial Petition and Order
Lorraine B. D’Angelo
Ombuds
Angela F. Gibbs
Managing Deputy: Judicial Compliance Show Cause
Judicial Leaders
Jason S. Quattropani
Clerk of the Court
Paul J. Batinger
Chief Information
Officer
Shannon Dion
Director: Virginia
Victims Fund
Chadwick D. Burns
Manager: Project
Management Office
Vivian R. Lane
Director: Claims Services
and Insurance
Compliance
Amy M. Pearson
Chief Financial Officer:
Financial Services
Department Leaders
Faith G. Richardson
Manager: Human
Resources
Stephanie C. Sweeney
Manager: EDI Quality
Assurance
Drema M. Thompson
Manager: Medical Fee
Services
Charles W. Steepleton
Director: Correspondence
Management and
Outreach Services
Department Leaders
Michael S. Wickham
Information Security
Officer