2019 Analysis of Workers' Compensation Laws - 138

Chart XV-Appeal Provisions, cont.
Questions Reviewed
Time for
Appeal

To What Court

Process and
Procedure

Law
Only

Law and
Fact

Basis for
Review

Jury
Trial

Bureau d'evaluation
medicale
Review
Tribunal administratif du
travail.

Notice (medical facts
only)
Appeal
Appeal, recourse joint
board

Yes

Yes

Medical file and
examination;
File only;
Conciliation
offered

No

No limit

Appeals Department; Board
Appeals Tribunal

In writing

Yes

Record and
written or oral
testimony

No

Two years

Internal review-Hearing
Officer. External review-
Independent Appeal
Tribunal.

Appeal in writing

Yes

Record, written,
and oral
testimony

No

Jurisdiction

Administration

Québec

Commission des
normes, de l'équité,
de la santé et de la
sécurité du travail

30 days

Saskatchewan

Workers' Compensation
Board

Yukon
Territory

Workers' Compensation
Health and Safety
Board

30 days
45 days

Yes
Yes

No
No

Notes
1.
Alabama-Ombudsman program, effective for injuries
after 1/1/93, to mediate disputes. Settlements reached
under this process do not require court approval but may
be taken to court for final judgment.

Alaska-Review of facts limited to whether findings
supported by substantial evidence in record.
2.

Connecticut-Board may certify question of law on its
own motion.
3.

Georgia-First level of appeal is internal to the
Appellate Division of the Board, and both law and facts
may be reviewed.
4.

5.
Hawaii-Appellate Board may certify questions of law
to Supreme Court.
6.

Illinois-Supreme Court jurisdiction discretionary.

Louisiana-If any compensation under a final,
nonappealable judgment is not paid within 30 days, a
24% penalty or $100 per day, whichever is greater, will be
added to compensation.
7.

Louisiana-60 days for devolutive appeal; 30 days for
suspensive appeal.
8.

9.
Maine-Appeals to Appellate Division are "of right."
Supreme Court appeals there from are discretionary only.
10.
Maryland-Following an appeal in Circuit Court,
further appeals on questions of law only are allowed to
Court of Appeals.

Minnesota-Disputed Workers' Compensation
Division conference determination is heard de novo at
Office of Administrative Hearings.
11.

Montana-From denial of benefits sought. 30 or 60
days following a decision by the Workers' Compensation
Court.
12.

Nebraska-Prior to 2011, Nebraska utilized a review
panel of three workers' compensation judges as the
first step of review of a trial decision. However, review
by the review panel was eliminated for cases filed
on or after 8/27/11. Currently, appeals from an order,
13.

award, or judgment of the compensation court proceed
directly to the Court of Appeals in accordance with the
procedures regulating appeals in actions at law from
the district courts, except as otherwise provided in Neb.
Rev.Stat. §48-182 and §48-185. The appellate procedure
is governed by the Nebraska Court Rules of Appellate
Practice.
New York-Split-panel decisions may be appealed
to full board within 30 days. All panel decisions can be
appealed to Appellate Division, Third Department of
the Supreme Court, within 30 days. Appellate Division
decisions can be reviewed as of right in the Court of
Appeals if there is a dissent by two judges. Otherwise,
appeals to the Court of Appeals are by permission only;
30-day limit applies.
14.

15.
North Carolina-Commission may certify questions of
law to Court of Appeals. Commission may order payment
of portion of award not in dispute.
16.
Oklahoma-Appeal to Workers' Compensation
Commission en banc within 10 days of issuance of the
order by a Commission ALJ. En banc order may be
appealed to the Oklahoma Supreme Court within 20 days.
17.
Oregon-First appeal of claim closure by a worker
must be made to the Workers' Compensation Division
within 60 days of the insurer's notice of closure;
insurer's appeal restricted to within seven days of
notice of closure and is limited to findings used to
rate impairment. After the division issues an order on
reconsideration (of the notice of closure), appeal is to
the Workers' Compensation Board's Hearings Division
within 30 days. Some matters, including but not limited
to compensability, responsibility, and extent of disability,
are reviewable by the board before judicial review,
while other matters, including but not limited to medical
treatment and fees, managed care organization disputes,
and vocational assistance, are reviewable by the
Workers' Compensation Division before judicial review.
Time for appeal to Court of Appeals is 60 days. Time for
appeal to Supreme Court is 35 days.

138 | 2019 Analysis of Workers' Compensation Laws

18.
Pennsylvania-Decisions of Workers' Compensation
judges are subject to appeal to Workers' Compensation
Appeal Board.
19.
South Carolina-Notice of appeal must state grounds
for appeal or alleged errors of law.
20.
South Dakota-Commission may order payment of
portion of award not in dispute.
21.
Texas-Court of county where employee resided
at time of injury or death and court of county where
employee resided on the date disability began or any
county agreed to by the parties for an occupational
disease.
22.

Vermont-Then to Supreme Court on exception.

23.

West Virginia-May be extended for cause.

FECA-Employee may request only one appeal
method at a time. A hearing may be requested before
reconsideration. If reconsideration is requested first,
employee loses right to hearing.
24.

25.
FECA-No court appeal; board has authority to make
final decision on appeals.
26.
Longshore Act-Award by Office of Workers'
Compensation Programs district directors with
agreement of parties. Award by ALJ after formal hearing.
27.
Longshore Act-First level of appeal is to Benefits
Review Board within U.S. Department of Labor. Board
may sit in three-person panels. Panel decision may be
reviewed, upon petition, by full board.
28.
New Brunswick-WorkSafeNB may request opinion
on question of law or jurisdiction of its own motion.
29.
New Brunswick-Because of statutory private
clause, a court may only review a decision if it is patently
unreasonable.
30.
Prince Edward Island-Because of statutory private
clause, a court may only review a decision on a question
of law or jurisdiction.
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