Is there an appeal process for victims who are denied?

If a claimant is not satisfied with the decision VVF makes on a claim, an appeals process is available.

Within 45 days of the decision, send a letter to VVF asking for reconsideration. It is important that you respond to the reason for the denial provided in our letter. The Director will issue a new decision, if applicable.

If a claimant does not agree with the Director's reconsideration decision, they may request an appeal to the Commission by writing to the Virginia Victims Fund, P.O. Box 26927, Richmond, VA 23261. Appeal letters should state reasons for dissatisfaction with the decision. Appeals will be heard by a Deputy Commissioner of the Virginia Workers’ Compensation Commission in a location near the address of the crime. At this stage of the appeals process, a claimant will be required to appear at a hearing and to provide evidence that refutes the findings of the Fund. The claimant will be notified of the time and place of the hearing and may request the Virginia Workers' Compensation Commission to issue subpoenas to compel witnesses to appear and testify.

If the claimant is not satisfied with the Deputy Commissioner’s decision, review by the Full Commission is available (Section 19.2-368.7 of the Code of Virginia). In these cases, the following procedures should be followed:

  • Address a written Request for Review to: Virginia Victims Fund, Post Office Box 26927, Richmond, VA 23261.
  • The letter must be received within thirty (30) calendar days from the date of the Deputy Commissioner’s decision.
  • The letter should state the reasons for the claimant’s dissatisfaction with the decision. Unless oral argument is requested, the case will be reviewed on the record by the Full Commission. If oral argument is requested and the Commission determines oral argument to be necessary, a Review Hearing will be scheduled in Richmond, Virginia. At the hearing new evidence may not be presented and testimony by witnesses will not be heard. The claimant or their attorney will be permitted to state the reasons they disagree with the decision. Upon request, this hearing may be done by telephone conference call.
  • After reviewing the record, the Full Commission may affirm or modify the Director's decision or it may determine additional evidence is needed and remand the case to a Deputy Commissioner for an Evidentiary Hearing.
  • The Virginia Workers' Compensation Commission will issue a written Opinion stating its findings. This opinion may be appealed to the Virginia Court of Appeals by filing within thirty (30) days a written notice of Appeal with the Clerk of the Virginia Workers' Compensation Commission accompanied by a $500.00 Appeal bond and Notice to the Clerk of the Court of Appeals with a $50.00 filing fee.