Section 0800-02-22-.02 - RECORD ON APPEAL(1) The parties to an appeal have the responsibility to ensure the completeness of the record on appeal. The record on appeal shall consist of: (1) all pleadings, responses to pleadings, Bureau forms, position statements, and orders of the court filed with the clerk of the court of workers' compensation claims prior to the filing of the notice of appeal;(2) all exhibits, whether admitted into evidence or marked for identification purposes only;(3) a transcript or, in the alternative, a statement of the evidence, if any;(4) briefs filed before or after the filing of the notice of appeal; and(5) any other document(s) designated by a party and approved by the court of workers' compensation claims pertaining to the issues decided in that court and pertinent to an issue on appeal. The parties will make reasonable efforts to ensure no paper is included in the record more than once.(2) If necessary, the appeals board may direct that a supplemental record be submitted to the appeals board. Documents, testimony, or other evidence not contained in the record on appeal shall not be considered by the appeals board.(3) If a dispute arises regarding the contents of the technical record, the exhibits, the transcript, or a statement of the evidence prior to the date the appeals board issues a docketing notice, either party may file a motion with the trial court, and the trial court may resolve any such dispute without remand. If a dispute arises regarding the contents of the technical record, the exhibits, the transcript, or a statement of the evidence after the date the appeals board issues a docketing notice, a motion must be filed with the appeals board requesting a remand.(4) All pleadings, forms, transcripts, depositions, briefs, motions, other writings, and all exhibits, shall be maintained by the clerk of the appeals board during the pendency of the appeal.(5) After final determination of any case, the parties shall have one hundred eighty (180) days after entry of the decision on appeal to withdraw exhibits or depositions. The clerk may destroy or dispose of any exhibits or depositions not so withdrawn in accordance with the Records Disposition Authorization of the Bureau.Tenn. Comp. R. & Regs. 0800-02-22-.02
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, 50-6-118, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.