Chart XV-Appeal Provisions, cont. Questions Reviewed Time for Appeal Process and Procedure Law Only Basis for Review Jury Trial Prior to date of injury 7/1/07-Court of Commons Pleas Date of injury on or after 7/1/07-appeals to SC Court of Appeals19 As in civil actions Yes Record No 30 days 60 days Circuit Court Supreme Court Notice of appeals As in civil actions Yes Certified record No Workers' Compensation Division 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 Workers' Compensation Appeals Board; Appeals Panel Supreme Court As in civil actions Yes Reviewed with presumption of correctness, unless preponderance indicates otherwise based on the record No 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 Yes, on demand Utah Labor Commissioner or Appeals Board 30 days Court of Appeals Petition for review Yes Certified record No Vermont Commissioner of Labor 30 days Superior Court22 As prescribed by court Yes Certified record Supreme Court As prescribed by court Yes, in Superior Court Jurisdiction Administration South Carolina Workers' Compensation Commission Judicial Division 14 days South Dakota Division of Labor and Management20 Tennessee To What Court Yes Law and Fact Virginia Workers' Compensation Commission 30 days Court of Appeals Notice of appeal Yes Certified record No Washington Board of Industrial Insurance Appeals 60 days Board of Industrial Insurance Appeals Further Appeal, Superior Court Notice of appeal; As in civil cases Yes Trial de novo, but on testimony before board Yes, on demand West Virginia Insurance Commissioner 60 days to OOJ. 30 days to BOR, and also 30 days to the WV Supreme Court23 Workers' Compensation Office of Judges Workers Compensation Board of Review WV Supreme Court of Appeals Petition Yes Record of proceedings No Wisconsin Labor and Industry Review Commission 21 days Circuit Court; Court of Appeals; Supreme Court Action against commission Record No Wyoming Hearing Examiners or Medical Commission 30 days District Court; Supreme Court Petition and bill of exceptions Record No American Samoa Commissioner 30 days High Court Application Virgin Islands Dispute Resolution Unit 30 days 30 days 30 days 30 days Hearing Office ALJ Department of Labor Court Mediation Formal Reconsideration Civil Actions 30 days 136 | 2019 Analysis of Workers' Compensation Laws Yes Yes Record Yes Yes Yes Yes Record No