The Independence Shield: How State Commissions Like Virginia Workers’ Compensation Hide from Accountability

Sharisse Stephenson
Jan 2
2 min read

We hear the term “independent commission” all the time.

It sounds official. Important. Trustworthy.

But what happens when an independent commission behaves badly — denies people their rights, ignores the law, or refuses basic accommodations?

What happens when independence turns into immunity?

When Everyone Shrugs

For most state agencies, there is at least some chain of accountability.

If an agency denies access or violates rights, you can escalate:

The governor’s office
State legislators
Oversight agencies
Sometimes federal regulators

But with so-called independent commissions, the response is always the same:

“We can’t interfere.”

“They’re independent.”

“That’s outside our authority.”

And suddenly, you realize there is no one left.

How Independence Became a Shield

That’s exactly what happened to me with the Virginia Workers’ Compensation Commission.

I asked for a straightforward ADA accommodation so I could safely participate in my own case. I didn’t ask for special treatment — just equal access.

I went to:

The Commission itself
Commission leadership
State senators
Oversight and regulatory agencies

Every single door closed the same way.

“It’s an independent commission. We can’t do anything.”

Independence had become a shield — a way to deny civil rights without consequence.

Why This Is Dangerous

Independence should mean freedom from political meddling in individual cases.It should not mean freedom from:

The Americans with Disabilities Act
Civil rights laws
Transparency
Accountability

When an independent body denies accommodations, retaliates against workers, or creates unsafe processes, there must be a safety valve.

There must be:

A designated ADA coordinator
A published accommodation policy
A neutral appeals process
An enforcement mechanism that actually works

Without those, independence becomes unchecked power.

When the Only Option Is Federal Court

When every state pathway disappears, people are left with one option: federal litigation.

That’s how independence turns into taxpayer waste.

Instead of providing a simple accommodation, the state hires outside counsel, spends public money, and forces injured or disabled people into years of litigation.

This isn’t efficiency.

It isn’t neutrality.

It’s avoidance.

Independence Should Not Mean Immunity

An independent commission should stand for:

Fairness
Transparency
Equal access
Accountability

Until that changes, too many people will remain stuck in the same impossible gap — fighting systems where everyone agrees something is wrong, but no one claims the authority to fix it.