Downs v. Virginia Employment Commission
Downs v. Virginia Employment Commission
Opinion of the Court
Opinion
Beatrice G. Downs appeals from a decision of the Circuit Court of the City of Richmond dismissing her petition for judicial review of a decision of the Virginia Employment Commission (“the Commission”). The circuit court dismissed the petition on the ground that it was not filed in the circuit court of the county where Downs was last employed. We reverse the decision of the circuit court because we conclude that Code § 60.1-67.1 merely sets forth proper venue for such petitions and that dismissal was an inappropriate remedy for failure to file in the proper forum.
Downs was discharged from her position as a nursing assistant at Elizabeth Adams Crump Manor, located in Henrico County, allegedly due to excessive tardiness and inadequate patient care. She filed a claim for unemployment compensation benefits in the Richmond office of the Commission. Following an informal proceeding, a claims deputy determined that Downs was discharged for misconduct, as alleged by her employer, and was barred from receiving benefits by operation of Code § 60.1-58. The decision of the deputy was affirmed by an Appeals Examiner. The Commission then issued and mailed to Downs its opinion affirming her disqualification for benefits.
Code § 60.1-67.1 provides that any party aggrieved by a decision of the Commission “may secure judicial review thereof by commencing an action in the circuit court of the county or of the city ... in which the individual who filed the claim was last employed.” In construing virtually identical language in former Code § 60-55, the predecessor of the current Code § 60.1-67.1, the Supreme Court stated that “[t]he statute confers jurisdiction of the subject matter on courts of record.”
Both the Commission and the employer contend that the holding in Coleman is not dispositive of the issue presented in this appeal. We disagree and find Coleman controlling for three reasons. First, the Supreme Court in Coleman directly confronted the jurisdictional issue when it denied a motion to dismiss in which it was asserted that the circuit court “lacked jurisdiction to take cognizance of the petition for judicial review” because the action was not filed in the circuit court of the city in which the action
Having concluded that the filing requirement of Code § 60.1- 67.1 relates to venue and not jurisdiction, we must now determine whether the circuit court erred in dismissing the action. In assessing the circuit court’s ruling we look to the comprehensive venue statutes enacted by the General Assembly in 1977. Title 8.01 of the Code contains an unequivocal legislative expression with respect to the disposition of venue questions in “actions at law, suits in equity, and statutory proceedings, whether in circuit courts or district courts.” Code § 8.01-257. In particular, Code § 8.01- 264 states that “no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper.” This clear legislative mandate requires us to conclude that the circuit court erred in dismissing this action.
We note that effective January 1, 1987, Title 60.1 was repealed and the Unemployment Compensation Act was revised and reenacted as Title 60.2. The judicial review provision of the revised Act states that “any party aggrieved may secure judicial review [of the decision of the Commission] by commencing an action in the circuit court.” Code § 60.2-625. Thus, without reference to Coleman, the appropriate circuit court for proceedings to review decisions of the Commission is now a venue question that must be determined in accordance with the general venue statutes of Title 8.01. Accordingly, we also note that the General Assembly amended the comprehensive venue statutes effective July 1, 1987, to specifically designate a “preferred venue” forum for Commission decisions. Code § 8.01-261(16).
For the foregoing reasons we reverse the decision of the circuit court dismissing the petition for judicial review, and we remand
Reversed and remanded.
Baker, J., and Keenan, J., concurred.
Former Code § 60-55 provided, in pertinent part: “any party aggrieved [by a decision of the Commission] may secure judicial review thereof by commencing an action in the circuit court of the county or in the corporation or hustings court of the city ... in which the individual who filed the claim was last employed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.