2020 Analysis of Workers' Compensation Laws - 135

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

Jurisdiction

Administration

Nebraska

Workers' Compensation
Court13

30 days

Nevada

Department of
Administration Hearings
Division

70 days

Process and
Procedure

Law
Only

Court of Appeals
Supreme Court

Notice of appeal and
request for bill of
exceptions;
Nebraska Appellate Court
Rules apply.

Yes

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

To What Court

30 days
30 days
30 days

Law and
Fact

Basis for
Review

Jury
Trial

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

Yes

Yes

Record

No

Notice of appeal
Notice of appeal or
motion for permission to
appeal

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

Oregon

Workers' Compensation
Division | Workers'
Compensation Board

17

Court of Appeals

Petition for judicial
review
Petition for review

Yes

Record

No

Yes

Record

No

Pennsylvania

Bureau of Workers'
Compensation18

20 days

Rhode
Island

Workers' Compensation
Court

South
Carolina

Workers' Compensation
Commission Judicial
Division

Supreme Court
(discretionary)

30 days
30 days

Five days
20 days

14 days

No

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

Workers' Compensation
Court
Appellate Division of
Workers' Compensation
Court
Supreme Court

Claim of appeal

Yes
Yes

Yes

Certified
documents and
testimony

No

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

Record

No

Writ of certiorari

2020 Analysis of Workers' Compensation Laws | 135

Yes



2020 Analysis of Workers' Compensation Laws

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