§ 50-6-217 — Workers' compensation appeals board

Tennessee § 50-6-217

• Jurisdiction: Tennessee
• Title: 50

Text

(a) (1) The administrator shall establish a workers' compensation appeals board, which must be wholly separate from the court of workers' compensation claims, to review interlocutory and final orders entered by workers' compensation judges upon application of any party to a workers' compensation claim. (2) Any party aggrieved by an order issued by a workers' compensation judge may appeal the order to the workers' compensation appeals board by filing a timely notice of appeal on a form prescribed by the administrator. Review must be accomplished in the following manner: (A) Within seven (7) business days after the filing of an interlocutory order, either party may appeal the interlocutory order by filing a notice of appeal with the clerk of the court of workers' compensation claims. Following the expiration of the time established by bureau rules for the parties to file a transcript prepared by a licensed court reporter or a statement of the evidence, along with briefs or position statements specifying the issues presented for review and supporting arguments, the record on appeal must be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within twenty (20) business days of the receipt of the record on appeal or oral argument conducted pursuant to bureau rules, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying the interlocutory order and remanding the case. The decision of the workers' compensation appeals board is not subject to further review; and (B) Within thirty (30) calendar days after the issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may appeal the compensation order by filing a notice of appeal with the clerk of the court of workers' compensation claims. The appealing party has fifteen (15) calendar days after the record is filed with the clerk of the workers' compensation appeals board to file a brief. A brief in response, if any, must be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after oral argument conducted pursuant to bureau rules or the expiration of the fifteen-day period for a responsive brief to be filed, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order; remanding the case; or any combination thereof. For purposes of further appellate review, the workers' compensation appeals board must, if appropriate, certify as final the order of the court of workers' compensation claims as affirmed, reversed, modified, or remanded. The decision of the workers' compensation appeals board is appealable to the Tennessee Supreme Court as provided for in the Tennessee Rules of Appellate Procedure. If a compensation order is timely appealed to the workers' compensation appeals board, the order issued by the workers' compensation judge must not become final, as provided in § 50-6-239(c)(7) , until the workers' compensation appeals board issues a written decision certifying the order as a final order. (b) This section shall have no effect on the procedures established for filing a claim for workers' compensation benefits in the division of claims and risk management, pursuant to § 9-8-402 , or in the claims commission, pursuant to § 9-8-307 . The workers' compensation appeals board shall have no jurisdiction over an appeal of a decision of a commissioner of the claims commission. (c) The decisions of the workers' compensation appeals board shall not be subject to judicial review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) (1) In the appeal of an interlocutory order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed five (5) additional business days, either upon its own motion or upon motion of any party. In the appeal of a compensation order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed twenty-one (21) additional calendar days, either upon its own motion or upon motion of any party. (2) The administrator shall have the authority to assess filing fees sufficient to offset the costs of administering this chapter.

Legislative History

Amended by 2017 Tenn. Acts, ch. 344,s 7, eff. 5/9/2017. Amended by 2016 Tenn. Acts, ch. 816,s 4, eff. 4/14/2016. Amended by 2015 Tenn. Acts, ch. 341,Secs.s7, s8 eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 837,s 2, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 289,s 80, eff. 7/1/2014.