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Reading Time: 2 minutesRevised Workers’ Compensation Appeal Rules in Tennessee (as of December 2023)
Minor Changes:
- Removed outdated references to statutes and program rules.
- Clarified contents of the record (appeals are decided based on what’s in the record).
- Added requirements for attorney withdrawal during an appeal.
- Consolidated and clarified briefing requirements.
- Clarified procedure if a case is removed from the docket after oral argument was scheduled.
Major Changes:
- Disputes about the record: If there’s a disagreement about what’s included in the record on appeal, either party can file a motion:
- Before docketing notice: with the Court of Workers’ Compensation Claims.
- After docketing notice: with the Appeals Board to send the case back to the Court for resolving the dispute.
- Summary Appeals: The Appeals Board can now decide certain appeals quickly (summarily) under limited circumstances:
- Appeals of orders related to continuances, scheduling orders, or motion to amend scheduling orders.
- Statements of the Evidence: No more joint statements!
- Appealing party submits a statement summarizing trial testimony to the judge.
- Other party can object, amend, or submit an alternative statement within 5 days.
- Judge decides which statement is fair and accurate for the record.
- No statement if parties can’t agree and no transcript is available.
- Appealing Remand Orders: If the Appeals Board sends a case back to the Court with instructions for a final order, and a party wants to appeal that final order:
- First file a notice of appeal with the Appeals Board.
- Then, request the Board to skip usual appeal steps and quickly decide the appeal (similar to “summary appeal”).
- Rule Suspension: In rare cases, the Appeals Board can suspend any rule (except filing deadlines) for fairness and justice reasons.
Important Notes:
- These changes apply to all appeals filed after December 21, 2023.
- The Court of Workers’ Compensation Claims loses most power over a case once a notice of appeal is filed. Any motions or settlements must go through the Appeals Board.
- The revised rules aim to address procedural delays and make the appeals process fairer and more efficient.
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