Revised 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Removed outdated references to statutes and program rules.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.
