{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5011.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5011.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5011.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5011.html"}],"law_id":67787,"edition_id":1,"section_id":67787,"structure_id":13218,"section_number":"38.2-5011","catch_line":"Conclusiveness of determination or award; appeal","history":"1987, c. 540; 1989, c. 523.","full_text":"A\n\nThe determination of the Commission pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or the award of the Commission, as provided in § 38.2-5009, if not reviewed within the time prescribed by § 38.2-5010, or a determination or award of the Commission upon such review, as provided in § 38.2-5010, shall be conclusive and binding as to all questions of fact. No appeal shall be taken from the decision of one commissioner until a review of the case has been held before the full Commission, as provided in § 38.2-5010. Appeals shall lie from the full Commission to the Court of Appeals in the manner provided in the Rules of the Supreme Court.B\n\nThe notice of appeal shall be filed with the clerk of the Commission within thirty days from the date of such determination or award or within thirty days after receipt by registered or certified mail of such determination or award whichever occurs last. A copy of the notice of appeal shall be filed in the office of the clerk of the Court of Appeals as provided in the Rules of the Supreme Court.C\n\nCases so appealed shall be placed upon the privileged docket of the Court and be heard at the next ensuing term thereof. In case of an appeal from an award of the Commission to the Court of Appeals, the appeal shall operate as a suspension of the award, and the Program shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined in accordance with the provisions of this chapter.","order_by":null,"text":{"0":{"id":245564,"text":"The determination of the Commission pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or the award of the Commission, as provided in § 38.2-5009, if not reviewed within the time prescribed by § 38.2-5010, or a determination or award of the Commission upon such review, as provided in § 38.2-5010, shall be conclusive and binding as to all questions of fact. No appeal shall be taken from the decision of one commissioner until a review of the case has been held before the full Commission, as provided in § 38.2-5010. Appeals shall lie from the full Commission to the Court of Appeals in the manner provided in the Rules of the Supreme Court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245565,"text":"The notice of appeal shall be filed with the clerk of the Commission within thirty days from the date of such determination or award or within thirty days after receipt by registered or certified mail of such determination or award whichever occurs last. A copy of the notice of appeal shall be filed in the office of the clerk of the Court of Appeals as provided in the Rules of the Supreme Court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245566,"text":"Cases so appealed shall be placed upon the privileged docket of the Court and be heard at the next ensuing term thereof. In case of an appeal from an award of the Commission to the Court of Appeals, the appeal shall operate as a suspension of the award, and the Program shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined in accordance with the provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13218,"edition_id":1,"name":"Virginia Birth-Related Neurological Injury Compensation Act","identifier":"50","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":217589,"object_type":"structure","relational_id":13218,"identifier":"50","token":"38.2\/50","url":"\/38.2\/50\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},{"id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","metadata":false},{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception","url":"\/38.2-5002\/","token":"38.2\/50\/38.2-5002","metadata":false},{"id":66273,"structure_id":13218,"section_number":"38.2-5002.1","catch_line":"Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act","url":"\/38.2-5002.1\/","token":"38.2\/50\/38.2-5002.1","metadata":false},{"id":57479,"structure_id":13218,"section_number":"38.2-5002.2","catch_line":"Confidentiality of certain information; penalty","url":"\/38.2-5002.2\/","token":"38.2\/50\/38.2-5002.2","metadata":false},{"id":72413,"structure_id":13218,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","url":"\/38.2-5003\/","token":"38.2\/50\/38.2-5003","metadata":false},{"id":57908,"structure_id":13218,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","url":"\/38.2-5004\/","token":"38.2\/50\/38.2-5004","metadata":false},{"id":54226,"structure_id":13218,"section_number":"38.2-5004.1","catch_line":"Notification of possible beneficiaries","url":"\/38.2-5004.1\/","token":"38.2\/50\/38.2-5004.1","metadata":false},{"id":59287,"structure_id":13218,"section_number":"38.2-5005","catch_line":"Tolling of statute of limitations","url":"\/38.2-5005\/","token":"38.2\/50\/38.2-5005","metadata":false},{"id":62777,"structure_id":13218,"section_number":"38.2-5006","catch_line":"Hearing; parties","url":"\/38.2-5006\/","token":"38.2\/50\/38.2-5006","metadata":false},{"id":73938,"structure_id":13218,"section_number":"38.2-5007","catch_line":"Interrogatories and depositions","url":"\/38.2-5007\/","token":"38.2\/50\/38.2-5007","metadata":false},{"id":62457,"structure_id":13218,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","url":"\/38.2-5008\/","token":"38.2\/50\/38.2-5008","metadata":false},{"id":85578,"structure_id":13218,"section_number":"38.2-5008.1","catch_line":"Right to confront and cross-examine witnesses","url":"\/38.2-5008.1\/","token":"38.2\/50\/38.2-5008.1","metadata":false},{"id":78254,"structure_id":13218,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","url":"\/38.2-5009\/","token":"38.2\/50\/38.2-5009","metadata":false},{"id":87239,"structure_id":13218,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","url":"\/38.2-5009.1\/","token":"38.2\/50\/38.2-5009.1","metadata":false},{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},{"id":67787,"structure_id":13218,"section_number":"38.2-5011","catch_line":"Conclusiveness of determination or award; appeal","url":"\/38.2-5011\/","token":"38.2\/50\/38.2-5011","metadata":false},{"id":86971,"structure_id":13218,"section_number":"38.2-5012","catch_line":"Enforcement, etc., of orders and awards","url":"\/38.2-5012\/","token":"38.2\/50\/38.2-5012","metadata":false},{"id":54550,"structure_id":13218,"section_number":"38.2-5013","catch_line":"Limitation on claims","url":"\/38.2-5013\/","token":"38.2\/50\/38.2-5013","metadata":false},{"id":76811,"structure_id":13218,"section_number":"38.2-5014","catch_line":"Scope","url":"\/38.2-5014\/","token":"38.2\/50\/38.2-5014","metadata":false},{"id":60095,"structure_id":13218,"section_number":"38.2-5015","catch_line":"Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit","url":"\/38.2-5015\/","token":"38.2\/50\/38.2-5015","metadata":false},{"id":54316,"structure_id":13218,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","url":"\/38.2-5016\/","token":"38.2\/50\/38.2-5016","metadata":false},{"id":54427,"structure_id":13218,"section_number":"38.2-5016.1","catch_line":"Investment strategy advice; expected returns","url":"\/38.2-5016.1\/","token":"38.2\/50\/38.2-5016.1","metadata":false},{"id":65282,"structure_id":13218,"section_number":"38.2-5017","catch_line":"Plan of operation","url":"\/38.2-5017\/","token":"38.2\/50\/38.2-5017","metadata":false},{"id":61928,"structure_id":13218,"section_number":"38.2-5018","catch_line":"Assessments to be held in restricted cash account","url":"\/38.2-5018\/","token":"38.2\/50\/38.2-5018","metadata":false},{"id":72367,"structure_id":13218,"section_number":"38.2-5019","catch_line":"Repealed","url":"\/38.2-5019\/","token":"38.2\/50\/38.2-5019","metadata":false},{"id":66131,"structure_id":13218,"section_number":"38.2-5020","catch_line":"Assessments","url":"\/38.2-5020\/","token":"38.2\/50\/38.2-5020","metadata":false},{"id":65425,"structure_id":13218,"section_number":"38.2-5020.1","catch_line":"Credits against malpractice insurance premiums","url":"\/38.2-5020.1\/","token":"38.2\/50\/38.2-5020.1","metadata":false},{"id":84304,"structure_id":13218,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},"next_section":{"id":86971,"structure_id":13218,"section_number":"38.2-5012","catch_line":"Enforcement, etc., of orders and awards","url":"\/38.2-5012\/","token":"38.2\/50\/38.2-5012","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5011\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 540 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1989, chapter 523.<\/p>","references":false,"refers_to":[{"id":62457,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","order_by":null,"url":"\/38.2-5008\/"},{"id":78254,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","order_by":null,"url":"\/38.2-5009\/"},{"id":79332,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","order_by":null,"url":"\/38.2-5010\/"}],"permalink":{"id":217655,"object_type":"law","relational_id":67787,"identifier":"38.2-5011","token":"38.2\/50\/38.2-5011","url":"\/38.2-5011\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5011\/","token":"38.2\/50\/38.2-5011","dublin_core":{"Title":"Conclusiveness of determination or award; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5011","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The determination of the Commission<\/span> pursuant to subdivisions A 1 through A 3 of § 38.2-5008<\/a>, or the award of the Commission<\/span>, as provided in § 38.2-5009<\/a>, if not reviewed within the time prescribed by § 38.2-5010<\/a>, or a determination or award of the Commission<\/span> upon such review, as provided in § 38.2-5010<\/a>, shall be conclusive and binding as to all questions of fact<\/span>. No appeal<\/span> shall be taken from the decision of one commissioner<\/span> until a review of the case has been held before the full Commission<\/span>, as provided in § 38.2-5010<\/a>. Appeals<\/span> shall lie from the full Commission<\/span> to the Court<\/span> of Appeals<\/span> in the manner provided in the Rules of the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The notice of appeal<\/span> shall be filed with the clerk of the Commission<\/span> within thirty days from the date of such determination or award or within thirty days after receipt by registered or certified mail of such determination or award whichever occurs last. A copy of the notice of appeal<\/span> shall be filed in the office of the clerk of the Court<\/span> of Appeals<\/span> as provided in the Rules of the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Cases so appealed shall be placed upon the privileged docket<\/span> of the Court<\/span> and be heard at the next ensuing term thereof. In case of an appeal from an award of the Commission<\/span> to the Court<\/span> of Appeals<\/span>, the appeal shall operate as a suspension of the award, and the Program<\/span> shall not be required to make payment of the award involved in the appeal until the questions at issue<\/span> therein shall have been fully determined in accordance with the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONCLUSIVENESS OF DETERMINATION OR AWARD; APPEAL (\u00a7 38.2-5011)\n\nA. The determination of the Commission pursuant to subdivisions A 1 through A 3\nof § 38.2-5008, or the award of the Commission, as provided in §\n38.2-5009, if not reviewed within the time prescribed by § 38.2-5010, or a\ndetermination or award of the Commission upon such review, as provided in §\n38.2-5010, shall be conclusive and binding as to all questions of fact. No\nappeal shall be taken from the decision of one commissioner until a review of\nthe case has been held before the full Commission, as provided in §\n38.2-5010. Appeals shall lie from the full Commission to the Court of Appeals in\nthe manner provided in the Rules of the Supreme Court.\n\nB. The notice of appeal shall be filed with the clerk of the Commission within\nthirty days from the date of such determination or award or within thirty days\nafter receipt by registered or certified mail of such determination or award\nwhichever occurs last. A copy of the notice of appeal shall be filed in the\noffice of the clerk of the Court of Appeals as provided in the Rules of the\nSupreme Court.\n\nC. Cases so appealed shall be placed upon the privileged docket of the Court and\nbe heard at the next ensuing term thereof. In case of an appeal from an award of\nthe Commission to the Court of Appeals, the appeal shall operate as a suspension\nof the award, and the Program shall not be required to make payment of the award\ninvolved in the appeal until the questions at issue therein shall have been\nfully determined in accordance with the provisions of this chapter.\n\nHISTORY: 1987, c. 540; 1989, c. 523.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}