Tenn. Comp. R. & Regs. 0800-02-22-.01 - FILING OF NOTICE OF APPEAL

(1) Any party may appeal any order of a workers' compensation judge by filing a notice of appeal, on a form approved by the Bureau, with the clerk of the court of workers' compensation claims, in accordance with Chapter 0800-02-21. The notice of appeal must be filed:

(a) Within seven (7) business days of the date an interlocutory order was filed by the workers' compensation judge; or

(b) Within thirty (30) calendar days of the date a compensation order was filed by the workers' compensation judge.

(2) The appealing party shall serve a copy of the notice of appeal upon the opposing party or parties by any means as set forth in Chapter 0800-02-21.

(3) Any appeal in which the notice of appeal is not received by the clerk of the court of workers' compensation claims within the time provided by paragraph (1) shall be dismissed.

(4) The appealing party is responsible for payment of a filing fee in an amount set by the administrator.

(a) Within ten (10) calendar days after the filing of a notice of appeal, payment must be received by check, money order, or credit card. Payments can be made in person at any Bureau office or by United States mail, hand-delivery, or other delivery service.

(b) In the alternative, the appealing party may file an affidavit of indigency, on a form prescribed by the Bureau, seeking a waiver of the filing fee. The affidavit of indigency may be filed contemporaneously with the notice of appeal or must be filed within ten (10) calendar days thereafter. The appeals board will consider the affidavit of indigency and issue an order granting or denying the request for a waiver of the filing fee as soon thereafter as is practicable. The affidavit must be notarized or signed under penalty of perjury consistent with Rule 72 of the Tennessee Rules of Civil Procedure.

(c) Failure to timely pay the filing fee or file the affidavit of indigency in accordance with this section may result in dismissal of the appeal.

(5) Upon the filing of a notice of appeal, the court of workers' compensation claims no longer has jurisdiction over the case, absent a remand, until a decision is filed by the appeals board, except, after a notice of appeal has been filed, the court of workers' compensation claims retains jurisdiction to rule on motions filed in accordance with these rules or any applicable rule of the Tennessee Rules of Civil Procedure.

Notes

Tenn. Comp. R. & Regs. 0800-02-22-.01

Original rule filed April 1, 2014; effective June 30, 2014. Repeal and new rule filed June 22, 2015; effective September 20, 2015. Amendments filed November 7, 2017; effective February 5, 2018. Amendments filed July 14, 2020; effective October 12, 2020. Amendments filed September 22, 2023; effective 12/21/2023.

Authority: T.C.A. §§ 4-3-1409, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.