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Frequently Asked Questions & Answers

 

WORKERS COMPENSATION

APPEALS BOARD

REVIEW PROCESS

Last Revised: 9/17/99

Questions or Comments, E-mail Betty Watson: ewatson@hr.state.ks.us

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Click on the highlighted text for information relating to:

FILING APPEALS/ APPLICATIONS FOR REVIEW.

WHAT INFORMATION IS TO BE INCLUDED IN THE REQUEST FOR REVIEW?

WHAT ARE THE MECHANICS OF ACTUALLY FILING THE REQUEST FOR REVIEW?

WHAT IS THE PROCESS FOR FILING A REQUEST FOR REVIEW OF AN AWARD?

WHAT IS THE PROCESS FOR FILING A REQUEST FOR REVIEW OF A PRELIMINARY HEARING ORDER?

SUMMARY DOCKET

TWO OR MORE PARTIES REQUESTING REVIEW OF AN AWARD

BRIEFS

EXTENSIONS

DISMISSAL OF CASE / CASE SETTLED OR RESOLVED

CERTIFICATION OF RECORD TO APPELLATE COURTS


FILING APPEALS / APPLICATIONS FOR REVIEW:

  1. When must a request for review be filed with the Board?

A. A request for review must be filed within ten days from the date of the of the ALJ order. The ten days are counted as follows. The day after the decision is rendered is the effective date even if it falls on a Saturday. You then count ten days excluding Saturday and Sunday and/or holidays. Thus, if a decision is rendered by the ALJ on Friday, the effective date is Saturday. You do not count Sunday. Start counting on Monday and then exclude the next Saturday and Sunday. Your request for review would then be due on the following Friday.


Q. What Information is to be included in the request for review?

A. The case caption should include the docket number, claimant's name, social security number, respondent's name, respondent's insurance carrier. (If multiple respondents or insurance carriers, please note who represents each respondent or carrier.)

The body of the request should state the ALJ's name and the date of the order. It should also state the issue(s) that you are appealing. (please do not forget to copy opposing counsel.) For your protection, please copy the ALJ. File stamped anywhere in the Division is acceptable - Wichita, Overland Park, Salina, Garden City or Topeka.

For requests for review of preliminary hearings or other orders, please attach a copy of the order. For final awards, it is not necessary to attach a copy of the award since we have the complete file in Topeka.


Q. What are the mechanics of actually filing the request for review?

A. You may fax the request for review to the appeals board office at 785-296-8499. As stated above you may also file your request with any division office. An original and one copy should always be mailed to the board. If you want a file stamped copy returned, please include a self-addressed envelope - no cover letter is necessary. Also include an extra copy of the request.


Q. What is the process for filing a request for review of an award?

A. When a request for review for an award has been filed with the division (whether by fax, in person, or by mail) an Acknowledgment of Application for Review and Notice of Appeals Procedure and Calendaring is mailed to all parties. Appellant has thirty days from the date of notice in which to file a brief, the appellee(s) has(have) twenty days to file a brief thereafter. A reply brief may be submitted by the appellant within ten days from the appellee's due date. If oral argument is desired, a motion should be filed with the board within ten days of the date of notice. The case then goes to the board for an initial review to determine whether the case will stay on summary docket or be set for oral argument. Cases not set for oral argument will be deemed submitted the day after the last brief is due and will be decided on the record and written argument submitted. Notice will be sent following the initial screening with either a submittal date or an oral argument date. Oral argument may be held in person in Topeka, Kansas city or Wichita or by telephone conference. The most convenient way to reschedule oral argument is to call Betty Watson. (The Appeals Board telephone number is 785-296-8484.) She will give you a list of dates/times that are available. When the party has checked with opposing counsel and a date if agreed upon, call Betty with the information. She will then send out a second notice. (Remember, we schedule several months ahead of time.)


Q. What is the process for filing a request for review of a preliminary hearing order?

A. When a request for review of an order is filed with the division, an Acknowledgment of Application for Review of Preliminary Hearing Order and Briefing Schedule is mailed to all parties. Appellant has ten days from the date of the notice in which to file a brief and appellee has ten days thereafter. The case then goes to a board member to draft a decision for board review.


GENERAL INFORMATION

 

SUMMARY DOCKET

For the purposes of review, all final orders will be placed on summary calendar for determination of whether oral argument is necessary. (In other words, the procedure for final orders will be the same as for awards.)


TWO OR MORE PARTIES REQUESTING REVIEW OF AN AWARD

If two or more parties request review of an award/order, the party who filed first is the appellant and all others are appellees. If all parties file on the same day, the claimant is the appellant.


BRIEFS

Briefs may be in letter form. If relying on the submission letter to the ALJ or some other documentation, please put that information in a letter to the Board.

As with requests for review, you may fax briefs to the Appeals Board office or file it with any division office. For an Award, an original and five copies are required. When faxing, it is not necessary to fax exhibits. They can be mailed with the original. For an order, an original and two copies are required.


EXTENSIONS

Extensions to file briefs are not routinely granted. However, the board will issue an extension for up to ten days on the first request. The request should be in written form and faxed or mailed to the Board's office. Extraordinary events will be accommodated.


DISMISSAL OF CASE/ CASE SETTLED OR RESOLVED

When a case has settled or the issues are resolved, please notify the Board immediately. A letter will then be sent from the Board requesting that an agreed order of dismissal be prepared and signed by all parties. The order should be prepared for signature by three Board members.


CERTIFICATION OF RECORD TO APPELLATE COURTS

Supreme Court Rule 9.04 was recently amended. The Rule gives responsibility for certification of the record for cases being appealed to the Court of Appeals/Supreme Court to the Director of the Division of Workers Compensation -- not the Appeals Board itself.