2020 Analysis of Workers' Compensation Laws - 136

Chart XV-Appeal Provisions, cont.
Questions Reviewed
Jurisdiction

Administration

Time for
Appeal

To What Court

Process and
Procedure

South
Dakota

Division of Labor and
Management20

30 days
60 days

Circuit Court
Supreme Court

Tennessee

Workers' Compensation
Division

Texas

Law and
Fact

Basis for
Review

Jury
Trial

Notice of appeals
As in civil actions

Yes

Certified record

No

Time for appeal Workers' Compensation
seven days-
Appeals Board; Appeals
Panel Supreme Court
Interlocutory
matter, 30
days final
compensation
hearing; To what
Court-Board
of Appeals or
Supreme Court
(special panel)
Basis for review:
various statutory
standards

As in civil actions

Yes

Reviewed with
presumption
of correctness,
unless
preponderance
indicates
otherwise based
on the record.

No

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

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;

Yes

Trial de novo,
Yes, on
but on testimony demand
before board

West
Virginia

Insurance Commissioner

60 days to OOJ.

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

FECA24

Division of Federal
Employees'
Compensation,
Office of Workers'
Compensation
Programs Employee's
Compensation Appeals
Board

1 year
30 days
180 days

Reconsideration
Hearing
Appeals Board25

In writing for
Reconsideration, Hearing
and Appeals Board

30 days

30 days to BOR
and 30 days
to the WV
Supreme Court23

Law
Only

Yes

As in civil cases

136 | 2020 Analysis of Workers' Compensation Laws

Yes

Yes

Record
Yes
Yes

Yes
Yes

Record

No

Yes

Record and oral
and written
testimony
depending on
type of appeal

No
2020 Analysis of Workers' Compensation Laws

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