Time is of the Essence – Workers’ Compensation Appeals and New Procedure for Appeals to Superior Court
By: Sarah Snipes
Timeliness in claim handling can make or break a case, and failure to meet statutory deadlines can bar further appeals or relief. Where involved, handling of the various procedures associated with the appeals process will typically fall to defense counsel, however it is important for anyone involved in the claims handling process to have a general understanding of the appeals process and the associated timelines.
Initially, a litigated Georgia workers’ compensation case will be presented to an Administrative Law Judge (ALJ) during an evidentiary hearing. This will usually be followed by submission of a legal brief outlining the facts and applicable law to the ALJ. Typically, an ALJ will issue their decision, known as an “award,” within 30 days after the parties submit their briefs.
After the ALJ issues an award, either party may appeal the decision with the Appellate Division of the State Board of Workers’ Compensation by filing an application for review. Under O.C.G.A. § 34-9-103(a), an “application for review shall be made to the appellate division within 20 days of issuance of the award.” If a party to the claim does not file an appeal, the ALJ’s award becomes final as a matter of law. American Mut. Liab. Ins. Co. v. Lindsey, 63 Ga. App. 658, 11 S.E.2d 512 (1940). Each appeal must include a written statement requesting the Appellate Division’s review of the ALJ decision and an Enumeration of Errors allegedly made by the ALJ. See O.C.G.A. § 34-9-103(a) and Board Rule 103(b)(1).
Pursuant to O.C.G.A. § 34-9-105(b), a party may then appeal from a final award of the Appellate Division to the superior court or beyond. Specifically, either party to the dispute may “within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of members of the board, but not thereafter, appeal . . . such final award or . . . other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held.” Id. The superior court loses jurisdiction by operation of law when no hearing is held or continued to a date certain by order of the court, or no order is entered within 60 days from the date upon which the case is docketed in the superior court upon its receipt from the State Board of Workers’ Compensation. See O.C.G.A. § 34-9-105(b).
The process for appealing a superior court’s decision depends on whether the appeal involves decisions of the superior court reviewing decisions of the State Board of Workers’ Compensation or decisions of the superior court enforcing awards of the State Board. The former requires an application for discretionary appeal under O.C.G.A. § 34-9-105. The latter does not require an application – instead, a party dissatisfied with a superior court’s judgment enforcing an award would have a right to appeal to the Georgia Court of Appeals under O.C.G.A. § 34-9-106. Any application for discretionary appeal may only be sought when appealing a final order.
Following a decision of the court of appeals, any party dissatisfied with the decision has 10 days to file a notice of its intention to petition for a Writ of Certiorari with the clerk of the court of appeals. This notice must be simultaneously filed with a petition in the Supreme Court of Georgia.
Effective July 1, 2024, the appellate procedure outlined in State Board Rule 105(a) governing the filing of a petition for review with the superior court changed. Before this change, Rule 105(a) was inconsistent with O.C.G.A. § 5-3-7(h), which allowed filing with the lower court within five days of filing the petition for review with the superior court. To make the rule consistent with the statute, the Georgia General Assembly amended Rule 105(a) to provide:
A copy of the petition for review should simultaneously be filed electronically through ICMS, but in no event later than 5 days after the petition for review is filed with the Superior Court in accordance with O.C.G.A. § 5-3-7(h), which satisfies the requirement that a copy of the petition be served on the clerk of the Board.
This new procedure applies only to appeals to the superior court filed on or after July 1, 2024.
Your attorneys will be the ones handling the appeal, so you do not have to worry too much about the procedures and details involved in this process. However, we still believe it is helpful to have a general understanding of the different timelines for the appellate process should your claim reach this point.
Attorney Contact Info
Sarah Snipes
sarah.snipes@swiftcurrie.com
404.595.2276