Chart XV-Appeal Provisions, cont. Jurisdiction Administration Time for Appeal Pennsylvania Bureau of Workers' Compensation18 20 days 30 days 30 days Rhode Island Workers' Compensation Court Five days 20 days Questions Reviewed To What Court Workers' Compensation Appeal Board Commonwealth Court Supreme Court Workers' Compensation Court Appellate Division of Workers' Compensation Court Supreme Court South Carolina Workers' Compensation Commission Judicial Division 30 days Prior to date of injury 7/1/07-Court of Common Pleas Date of injury on or after 7/1/07-appeals to SC Court of Appeals19 South Dakota Division of Labor and Management20 Tennessee Workers' Compensation Division 30 days 60 days Time for appeal seven days- Interlocutory matter, 30 days final compensation hearing; To what Court-Board of Appeals or Supreme Court (special panel) Basis for review: various statutory standards Texas Division of Workers' Compensation 45 days from the date the Division mailed the decision to the parties 21 Appeal decision Yes Modified de novo. Limited to issues decided by the division appeals panel on which judicial review is sought. Utah Vermont Virginia Labor Commissioner or Appeals Board Commissioner of Labor Workers' Compensation Commission Washington Board of Industrial Insurance Appeals West Virginia 30 days 30 days 30 days 60 days 30 days Insurance Commissioner 60 days to OOJ 30 days to BOR and 30 days to the WV Supreme Court23 Court of Appeals Superior Court22 Supreme Court Court of Appeals Board of Industrial Insurance Appeals Further Appeal, Superior Court Workers' Compensation Office of Judges Workers Compensation Board of Review WV Supreme Court of Appeals Petition for review As prescribed by court As prescribed by court Notice of appeal Notice of appeal Notice of appeal Petition Yes Yes Yes Yes Yes Certified record Certified record Certified record Trial de novo, but on testimony before board Yes Record of proceedings No Yes, in Superior Court No Yes, on demand No Yes, on demand Circuit Court Supreme Court Workers' Compensation Appeals Board; Appeals Panel Supreme Court Notice of appeals As in civil actions As in civil actions As in civil actions Yes Yes. Findings of fact will only be disturbed if unsupported by substantial evidence. Yes Yes Record No Process and Procedure Workers' Compensation Appeal Board-Appeal; Commonwealth Court- Petition for review; Supreme Court-Petition for allowance of appeal Claim of appeal Writ of certiorari Law Only Yes Law and Fact Yes Yes Basis for Review Jury Trial Certified record No Yes Yes Yes Certified documents and testimony No Certified record No Reviewed with presumption of correctness, unless preponderance indicates otherwise based on the record. No 136 | 2023 Analysis of Workers' Compensation Laws