Appeals Board Frequently Asked Questions

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

  A request for review must be filed within 10 days from the date of the Administrative Law Judge (ALJ) order. The 10 days are counted as follows. The day after the decision is rendered is the effective date even if it falls on a Saturday. Then count 10 days excluding Saturday, Sunday and/or holidays. Thus, if a decision is rendered by the ALJ on Friday, the effective date is Saturday. 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.

• What information is to be included in the request for review?

  The case caption should include the docket number, claimant's name, respondent's name and 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.

• What are the mechanics of actually filing the request for review?

  Please refer to pages 45-46 of the OSCAR Training Manual.
  

• What is the process after filing a request for review of an award?

  When a request for review of an award has been filed with the division through OSCAR, a briefing schedule and hearing date notice is emailed by the Board to all parties. Appellant has 30 days from the date the application is processed in which to file a brief. The appellee(s) has (have) 20 days to file a brief thereafter. The appellant may submit a reply brief within 10 days from the appellee's due date. If the Board finds that oral argument is not necessary, the case will be placed on the summary docket and a notice sent to all parties. Cases not set for oral argument will be deemed submitted the day after the last brief is due.

  Oral argument may be held in person or by telephone conference.  The most convenient way to reschedule an oral argument is to call the Board office at (785) 296-4000 for a list of dates/times that are available. When the party has checked with opposing counsel and a date agreed upon, call the Board office with the information and then a second notice will be mailed confirming the change. Please remember, we schedule several months ahead of time.

• What is the process after filing a request for review of a preliminary hearing order?

  When a request for review of an order is filed with the Board, an acknowledgment of application and briefing schedule is mailed to all parties. Appellant has 10 days from the date the application is processed in which to file a brief and appellee has 10 days thereafter. The case then goes to a Board member to draft a decision for Board review.

• General Information:

  Post Award Medical
  For purposes of review, appeals will follow the same procedure as preliminary hearing orders.

  Final Orders
  For the purposes of review, the procedure for final orders will be the same as for preliminary orders.

  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.

  Briefs
  Briefs may be in letter form. If relying on the submission letter to the ALJ, please reference that in your brief.   Briefs should be uploaded under the AP number assigned to the appeal at the time the application is filed.

  Extensions
  Extensions to file briefs are not routinely granted. However, the Board will issue an extension for up to 10 days on the first request. The request should be in written form uploaded to OSCAR under the AP number Motion to Board - Extension of time to file brief.

  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 to 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 gives responsibility for certification of the record for cases being appealed to the Court of Appeals/Supreme Court to the Board.