2020 Analysis of Workers' Compensation Laws - 133

Chart XV-Appeal Provisions
Questions Reviewed
Jurisdiction

Administration

Time for
Appeal

Law and
Fact

Basis for
Review

Alabama

Courts1

42 days

Court of Civil Appeal
Supreme Court

Certiorari

Yes

Record

Alaska

Workers' Compensation
Board

30 days

Workers' Compensation
Appeals Commission

Notice of appeal

Yes2

Record

No

Supreme Court

Notice of appeal

Yes2

Record

No

Yes

Record

No

Record

No

To What Court

Process and
Procedure

Law
Only

Arizona

Industrial Commission

30 days

Court of Appeals
Supreme Court

Certiorari

Arkansas

Workers' Compensation
Commission

30 days

Court of Appeals

Yes

18 days

Supreme Court

As in civil actions, with
precedence over all other
civil cases
As in civil actions

Yes

Jury
Trial

No

California

Workers' Compensation
Appeals Board

45 days

Supreme Court or District
Court of Appeals

Writ of review

Yes

Colorado

Industrial Claim Appeals
Office

21 days

Court of Appeals

Court of Appeals must
review any appeal from
final order of Industrial
Claim Appeals Office.
Supreme Court may
accept appeals of Court
of Appeals decisions as
it chooses. Neither court
may alter factual findings
supported by substantial
evidence.

Yes

Connecticut

Chairman

20 days

Notice of appeal3

Yes

20 days

Compensation Review
Board; Appellate Court
Supreme Court

Notice of appeal3

Yes
Yes

Record

No

Yes

Hearing de novo

No

Yes

Record

No

Record

No

Yes

Hearing de novo

No

Yes

Record

No

Record

No

Record

No

Record

No

Trial de novo
Record

No

Record and
transcript of
evidence

No

Record;
no additional
evidence

No

Delaware

Office of Workers'
Compensation

30 days

Superior Court

As prescribed by court

District of
Columbia

Department of
Employment Services

30 days

Office of Hearings and
Adjudication;
Compensation Order Review
Board;
D.C. Court of Appeals

Application

Application

30 days

Office of Hearings and
Adjudication;
Compensation Order Review
Board;
D.C. Court of Appeals

30 days
30 days

Yes

Application

Record

No

No

Record

No

Yes

Record

No

Application

No

District of
Columbia
Government
Workers

Office of Risk
Management

Florida

Division of
Administrative Hearings

30 days

District Court of First District

Notice of appeal

Georgia

State Board of Workers'
Compensation

20 days4

Superior Court;
Court of Appeals;
Supreme Court

Notice of appeal
Discretionary authority

Yes

Hawaii

Disability Compensation
Division

20 days
30 days

Appellate Board
Supreme Court

Notice of appeal5

Yes

Idaho

Industrial
Commissioners

42 days

Supreme Court or District;
Court of Appeals

Notice of appeal

Yes

Illinois

Illinois Workers'
Compensation
Commission

20 days
30 days

Circuit Court;
Appellate Court;
Supreme Court6

Proceeding for review as
prescribed by court

Indiana

Workers' Compensation
Board

30 days

Court of Appeals
Supreme Court

As in civil actions3

Yes

Assignment of
errors

No

Iowa

Workers' Compensation
Commissioner

30 days

District Court

Yes

Supreme Court

Certified
transcript of
documents and
evidence

No

30 days

Petition for judicial
review
As in civil cases

30 days
30 days

Yes

Application
Application

2020 Analysis of Workers' Compensation Laws | 133

Yes

Yes

Yes
Yes

Yes



2020 Analysis of Workers' Compensation Laws

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