Rule 5A:18 Preservation of Issues for Appellate Review

If you disagree with something a judge or the Workers' Compensation Commission decided during your case, you must speak up right away and clearly state your objection. If you stay quiet and wait until the appeal to complain about a ruling, the appeals court will most likely refuse to consider it.

Your objection also needs to be specific. Simply saying "the decision was wrong" or "it goes against the evidence" is not enough. You need to explain what the problem is at the time the ruling is made.

There are two narrow exceptions. The appeals court may still look at an issue you did not object to if there is a very good reason you missed it, or if ignoring it would lead to an unfair outcome. But these exceptions are rare, so it is much safer to raise your concerns clearly and on time during the original case.