USCC Workers Comp 2024 - 137

Chart XV-Appeal Provisions, cont.
Jurisdiction Administration
Time for
Appeal
Wisconsin
Wyoming
American
Samoa
Virgin
Islands
FECA24
Labor and Industry
Review Commission
Hearing Examiners or
Medical Commission
Commissioner
21 days
30 days
30 days
Dispute Resolution Unit 30 days
30 days
30 days
Division of Federal
Employees', Longshore
and Harbor Workers'
Compensation,
Office of Workers'
Compensation
Programs Employee's
Compensation Appeals
Board
Longshore
Act
Alberta
Division of Longshore
and Harbor Workers'
Compensation, Office of
Workers' Compensation
Programs26
Workers' Compensation
Board
30 days
60 days
Benefits Review Board27
U.S. Court of Appeals
U.S. Supreme Court
One year
Decision review bodies
(internal)
Appeals Commission
(external)
British
Columbia
Workers' Compensation
Board
90 days
30 days
Manitoba Workers' Compensation
Board
New
Brunswick
WorkSafeNB Decision
Review Office
Workers' Compensation
Appeals Tribunal
New Brunswick Court of
Appeal
Newfoundland
and
Labrador
Northwest
Territories
and Nunavut
WorkplaceNL
Workers' Safety
and Compensation
Commission
Nova Scotia Workers' Compensation
Board
No limit
90 days
One year
from original
decision
30 days
30 days
Three years
30 days
30 days
30 days
Workers' Compensation
Board Review Division
(internal)
Workers' Compensation
Appeal Tribunal
(external)
1st Level-Review Office;
2nd level-Appeal
Commission
WorkSafeNB Decision
Review Office
Workers' Compensation
Appeals Tribunal
New Brunswick Court of
Appeal
Workplace Health, Safety
and Compensation Review
Division
Review Committee, Appeals
Tribunal
Hearing Officer
Appeals
Tribunal Court of Appeals
Petition
Yes
Record
No
1 year
30 days
180 days
Questions Reviewed
To What Court
Circuit Court;
Court of Appeals;
Supreme Court
District Court;
Supreme Court
High Court
Hearing Office
ALJ
Department of Labor Court
Reconsideration
Hearing
Appeals Board25
Process and
Procedure
Action against
commission
Petition and bill of
exceptions
Application
Mediation
Formal Reconsideration
Civil Actions
In writing for
Reconsideration, Hearing,
and Appeals Board
Yes
Yes
Yes
Yes
Yes
Law
Only
Yes
Yes
Law and
Fact
Basis for
Review
Record
Record
Record
Record
Record and oral
and written
testimony
depending on
type of appeal
No
No
Jury
Trial
No
No
In writing
Notice of appeal in
writing
Request for review
Appeal or referral
Reconsideration by
written request;
Appeal by written request
Internal review by written
request
Appeal by written request
Appeal by Notice of
Appeal28
Written request
Appeal in writing
Deliver, mail, or fax form
Deliver, mail, or fax form
Leave to appeal
29
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Record and
written or oral
testimony
Record and
written or oral
testimony
Record and
written or oral
testimony
Record and
written or oral
testimony
Record and
written or oral
testimony
Claim file
(written) and/or
oral testimony
Appeal Record
No
No
No
No
No
No
Record and oral
testimony
Record and
written or oral
testimony
Oral or paper
Oral or paper
Jurisdiction
No
No
No
No
No
2024 Analysis of Workers' Compensation Laws | 137
USCC Workers Comp 2024

Table of Contents for the Digital Edition of USCC Workers Comp 2024
