Tennessee § 50-6-217 - Workers' compensation appeals board.

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

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. 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: 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 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. 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. 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. 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. The administrator shall have the authority to assess filing fees sufficient to offset the costs of administering this chapter. Acts 2013, ch. 289, § 83; 2015, ch. 341, §§ 7, 8, 15; 2016, ch. 816, § 4; 2017, ch. 271, § 1; 2017, ch. 344, § 7. Code Commission Notes. This section was originally designated as § 50-6-219 but, prior to the July 1, 2014 effective date, was redesignated as § 50-6-217 by authority of the code commission. Compiler's Notes. Acts 2013, ch. 289, § 103 provided that the act, which enacted this section, shall be known and may be cited as the “Workers' Compensation Reform Act of 2013.” Amendments. The 2015 amendment rewrote (a) which read: “(a) The administrator shall establish a workers' compensation appeals board, which shall 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. “(1) Any party aggrieved by an order for temporary disability or medical benefits or an order either awarding permanent disability or medical benefits or denying a claim for permanent disability or medical benefits issued by a workers' compensation judge may request review of the order by the workers' compensation appeals board by filing a request for appeal, on a form prescribed by the administrator. Review shall be accomplished in the following manner: “(A) Within seven (7) business days after issuance of an interlocutory order for temporary disability or medical benefits by a workers' compensation judge, either party may request an appeal of the decision. Within seven (7) business days of receiving an appeal of an interlocutory order, the workers' compensation appeals board shall enter an order affirming, reversing, remanding, or modifying the decision of the workers' compensation judge. The workers' compensation appeals board's decision on an appeal of an interlocutory order shall not be subject to further review. “(B) Within thirty (30) calendar days after issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may request an appeal of the decision by filing a notice of appeal with the workers' compensation appeals board. Parties shall have fifteen (15) calendar days after an appeal is filed to file briefs with the workers' compensation appeals board. Within forty-five (45) calendar days after receiving an appeal of a compensation order, the workers' compensation appeals board shall issue a decision either affirming the judgment and certifying the workers' compensation judge's order as final or remanding the case. If judgment is affirmed, the final order of the workers' compensation judge shall be immediately appealable to the state supreme court. If a request for administrative review is timely filed, the order issued by the workers' compensation judge shall 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. “(2) The workers' compensation appeals board may remand the decision of the workers' compensation judge, if the rights of the party seeking review have been prejudiced because findings, inferences, conclusions, or decisions of a workers' compensation judge: “(A) Violate constitutional or statutory provisions; “(B) Exceed the statutory authority of the workers' compensation judge; “(C) Do not comply with lawful procedure; “(D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly unwarranted exercise of discretion; or “(E) Are not supported by evidence that is both substantial and material in the light of the entire record.”; added (d); and substituted “bureau” for “division” once. The 2016 amendment, in (a)(2), deleted “for temporary disability or medical benefits or an order either awarding permanent disability or medical benefits or denying a claim for permanent disability or medical benefits” preceding “issued by” in the first sentence of the introductory paragraph; in (A), deleted “for temporary disability or medical benefits by a workers' compensation judge” preceding “, either party” in the first sentence, substituted “Following” for “Upon” at the beginning of the second sentence, substituted “the record on appeal, the workers' compensation appeals board shall issue a decision affirming” for “the record on appeal by the clerk of the workers' compensation appeals board, the appeals board shall enter an order affirming” in the penultimate sentence, and substituted “The decision of the workers' compensation appeals board” for “The workers' compensation appeals board's order” at the beginning of the last sentence; and, in (B), deleted “Thereafter” from the beginning of the second sentence, substituted “issue a decision affirming, reversing, modifying the compensation order and/or remanding the case” for “issue a decision either affirming and certifying as final the compensation order, or reversing or modifying the compensation order and remanding the case” at the end of the fourth sentence, rewrote the penultimate sentence which read: “If the compensation order is affirmed and certified, the final order of the workers' compensation judge shall be immediately appealable to the Tennessee Supreme Court.”, and substituted “workers' compensation appeals board” for “appeals board” in the last sentence. The 2017 amendment by ch. 271 substituted “division of claims and risk management” for “division of claims administration” in the first sentence of (b). The 2017 amendment by ch. 344 rewrote (a), which read: “(1) The administrator shall establish a workers' compensation appeals board, which shall 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 notice of appeal on a form prescribed by the administrator. Review shall be accomplished in the following manner: “(A) Within seven (7) business days after issuance 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 shall be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within seven (7) business days of the receipt of the record on appeal, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying and remanding the interlocutory order of the workers' compensation judge. The decision of the workers' compensation appeals board shall not be subject to further review; and “(B) Within thirty (30) calendar days after 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 shall have 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, shall be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after the expiration of the fifteen-day period for a responsive brief to be filed, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order and/or remanding the case. For purposes of further appellate review, the workers' compensation appeals board shall 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 shall be 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 shall 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.“(3) The workers' compensation appeals board may reverse or modify and remand the decision of the workers' compensation judge if the rights of any party have been prejudiced because findings, inferences, conclusions, or decisions of a workers' compensation judge: “(A) Violate constitutional or statutory provisions; “(B) Exceed the statutory authority of the workers' compensation judge; “(C) Do not comply with lawful procedure;“(D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion; or “(E) Are not supported by evidence that is both substantial and material in the light of the entire record.” Effective Dates. Acts 2013, ch. 289, § 106. July 1, 2014; provided, that, for purposes of promulgating rules and regulations, making appointments and making necessary provisions for the implementation of the act, the act shall take effect April 29, 2013. Acts 2015, ch. 341, § 19. May 4, 2015. Acts 2016, ch. 816, § 11. April 14, 2016. Acts 2017, ch. 271, § 3. May 4, 2017. Acts 2017, ch. 344, § 12. May 9, 2017.