38.2-5011 - Conclusiveness of determination or award; appeal. - Virginia Statutes

§ 38.2-5011. Conclusiveness of determination or award; appeal.

A. The determination of the Commission pursuant to subdivisions A 1 through A3 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 determinationor 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 shallbe taken from the decision of one commissioner until a review of the case hasbeen held before the full Commission, as provided in § 38.2-5010. Appealsshall lie from the full Commission to the Court of Appeals in the mannerprovided in the Rules of the Supreme Court.

B. The notice of appeal shall be filed with the clerk of the Commissionwithin thirty days from the date of such determination or award or withinthirty days after receipt by registered or certified mail of suchdetermination or award whichever occurs last. A copy of the notice of appealshall be filed in the office of the clerk of the Court of Appeals as providedin the Rules of the Supreme Court.

C. Cases so appealed shall be placed upon the privileged docket of the Courtand be heard at the next ensuing term thereof. In case of an appeal from anaward of the Commission to the Court of Appeals, the appeal shall operate asa suspension of the award, and the Program shall not be required to makepayment of the award involved in the appeal until the questions at issuetherein shall have been fully determined in accordance with the provisions ofthis chapter.

(1987, c. 540; 1989, c. 523.)