Sarah Snipes of Swift Currie. Courtesy photoWorkers’ Compensation Appeals and New Procedure for Appeals to Superior Court in Georgia
Effective July 1, the appellate procedure outlined in State Board Rule 105(a) governing the filing of a petition for review with the superior court changed.
December 05, 2024 at 03:14 PM
6 minute read
Timeliness in handling workers’ compensation claims can make or break a case, and failure to meet statutory deadlines can bar further appeals or relief. Moreover, the appeals process can take time, so it is best to understand statutory deadlines and requirements at the outset of your claim. Initially, you will present your case to an administrative law judge (ALJ) during an evidentiary hearing. The hearing is usually followed by submission of a legal brief outlining the facts and applicable law to the ALJ. Typically, the ALJ will issue his/her decision, known as an award, within 30 days after the parties submit their briefs.
After the ALJ issues an award, any party may appeal the decision to the Appellate Division of the State Board of Workers’ Compensation by filing an application for review. Filing an appeal acts as supersedeas, so the party directed to pay need not make payment of any benefits awarded during the pending of an appeal. O.C.G.A. § 34-9-105(e).
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