Chart XV-Appeal Provisions, cont. Questions Reviewed Time for Appeal To What Court Process and Procedure Law Only Jurisdiction Administration Montana Department of Labor and Industry 2 years12 Workers' Compensation Court; Montana Supreme Court Notice of appeal Nebraska Workers' Compensation Court13 30 days Court of Appeals Supreme Court Notice of appeal and request for bill of exceptions; Nebraska Appellate Court Rules apply. Yes Nevada Department of Administration Hearings Division 70 days Department of Administration Hearing Officer; ALJ-Department of Administration; Appeals Officer; District Court; Supreme Court Appeals insurer determination to hearing officer Notice of appeal Conclusions of law reviewed de novo 30 days 30 days 30 days Law and Fact Basis for Review Jury Trial Yes Certified record No Certified record No Findings of fact are sustained if not arbitrary and capricious. Record on appeal No Petition Append New Hampshire Department of Labor 30 days Compensation Appeals Board, Supreme Court Notice of appeal Yes Trial de novo No New Jersey Division of Workers' Compensation 45 days Appellate Division of Superior Court Notice of appeal Yes Record No New Mexico Workers' Compensation Administration 30 days Court of Appeals Notice of appeal Yes Certified record No New York Workers' Compensation Board 30 days after decision is filed or served Board panel of three commissioners, Full Board review14 Appellate Division, Full Board Third Department Court of Appeals Review application Notice of appeal Notice of appeal or motion for permission to appeal Yes Yes Record No Yes North Carolina Industrial Commission 30 days Court of Appeals As in civil actions15 Yes Yes Record No North Dakota Workforce Safety and Insurance 30 days 60 days District Court Supreme Court Appeal Appeal Yes Yes Yes Record Record No Ohio Industrial Commission 60 days No provision Court of Common Pleas Supreme Court Notice of appeal and petition by claimant or employer Yes Trial de novo Yes, on demand Oklahoma Workers' Compensation Commission 10 days of issuance of the order by a Commission Administrative law judge16 Workers' Compensation Commission sitting en banc, with subsequent appeal to Supreme Court17 Request for Review to Commission En Banc. Petition to Supreme Court. Yes Records and specifications of error. No Oregon18 Workers' Compensation Division | Workers' Compensation Board18 17 Court of Appeals Supreme Court (discretionary) Petition for judicial review Petition for review Yes Record No Yes Record No Pennsylvania Bureau of Workers' Compensation18 20 days Workers' Compensation Appeal Board Commonwealth Court Supreme Court Workers' Compensation Appeal Board-Appeal; Commonwealth Court- Petition for review; Supreme Court-Petition for allowance of appeal Yes Yes Yes Certified record No Rhode Island Workers' Compensation Court Workers' Compensation Court Appellate Division of Workers' Compensation Court Supreme Court Claim of appeal Yes Yes Yes Certified documents and testimony No 30 days 30 days Five days 20 days Writ of certiorari 2019 Analysis of Workers' Compensation Laws | 135 No