Workers’ compensation terms can be confusing. This is a continuation of my blog series on workers’ compensation acronyms, lingo, and terms to help you become familiar and to help you better navigate through the workers’ compensation system. This blog touches on some legal lingo.
*Please remember these terms are provided to give you a clearer picture of what is going on with your workers’ comp claim, the meanings given in this context are not necessarily the legal definition nor are they the only definition of that term.
SROI: Supplemental Report of Injury: A quarterly report filed by the workers’ compensation insurance carrier with the Virginia Workers’ Compensation Commission outlining benefits for lost wages and medical expenses paid by them to the injured worker to date.
WebFile: The online tool at www.workcomp.virginia.gov (Virginia Workers’ Compensation Commission) that allows injured workers, adjusters, and attorneys to view, print, and file documents related to the claim.
Termination of Award: The agreement form reflecting when an injured worker was released to return to work that is signed by all parties and filed with the VWC. This form indicates that the injured worker has been released to return to some form of employment and, therefore, terminates their weekly benefit check.
Open Award: An Award entered with the Commission for a non specific period of time
Closed Award: An Award entered with the Commission for a specific period of time.
On the Record Hearing: A ruling made by a prior to the formal hearing/court appearance after review of the evidence.
Hearing: The official court appearance presided over by a Commissioner/Deputy Commissioner (DC) in which the injured worker and the insurance carrier and/or their attorneys present their arguments as to why the injured worker is or is not entitled to receive workers’ compensation benefits.
Full Commission Review: When a party is unhappy with the ruling of the DC, they can file an appeal which is called a request for review. Once filed the Commission, will send all parties a Schedule for Written Statements (basically deadlines for all evidence and paperwork) and, once the written statements are received, the Commission will review everything and issue their Opinion (or ruling) and all parties will be notified by mail.
Appeal/Request for Review: Filing on objection to the courts formal ruling and asking the courts to correct an oversight
Court Reporter: A stenographer who creates word-for-word transcriptions at trials, depositions, and other legal proceedings.
Production of Documents: A legal request for documents, electronically stored information, or other tangible items pertaining to the subject matter being litigated in the hearing process.
Rule 4.2: The formal Rule of the VWC that all parties must make all medical records related to the claim available to the opposing party. Rule 4.2 reads: “Each party shall promptly provide the other parties with copies of any medical records they receive as they receive them. Unless otherwise directed by the Commission or these Rules, the parties shall not file medical records with the Commission until a hearing request is filed. The requesting party shall promptly file medical records supporting the request, if applicable. After a hearing request has been filed, the parties shall file with the Commission only medical records that are related to the hearing request. These records shall be filed upon receipt by the party filing them, and are required reports subject to the provisions of 65.2-902. A party is not required to file copies of medical records that another party has already filed.” (source: http://www.workcomp.virginia.gov)
NOR–Notice of Representation: The formal notice an attorney files with the VWC to inform all parties that they are now representing the injured worker or the insurance carrier.
If you would like more information on the Virginia workers compensation system, order my book, “The Ultimate Guide to Workers Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.
~Michele Lewane, Esq.