Section 0800-02-22-.05 - APPEAL OF AN INTERLOCUTORY ORDER(1) A party or parties may have a transcript of any hearing pertinent to the appeal of an interlocutory order prepared by a licensed court reporter and filed with the clerk of the court of workers' compensation claims within ten (10) business days of the filing of the notice of appeal. Alternatively, any appealing party may prepare a statement of the evidence summarizing the live witness testimony presented at the hearing and file it within ten (10) business days of the filing of the notice of appeal. Any other party shall have five (5) business days after the filing of the proposed statement of the evidence to file objections, amendments, or an alternative statement of the evidence. (a) The trial judge will resolve any disputes regarding the contents of the statement of the evidence consistent with these rules.(b) A statement of the evidence must be certified by the trial judge as a fair and accurate summary of the testimony presented at the hearing before the record is submitted to the appeals board.(c) If, after reasonable efforts to resolve any disputes regarding a statement of the evidence have been made, the trial judge determines it cannot certify a statement of the evidence as fair and accurate, it will direct the trial court clerk to forward the record to the appeals board without a statement of the evidence.(2) The appellant shall file a brief with the clerk of the court of workers' compensation claims within ten (10) business days of the filing of a transcript or statement of the evidence. If no transcript or statement of the evidence is filed or if a dispute regarding a statement of the evidence or the contents of the record is submitted to the trial court, the appellant shall file a brief within ten (10) business days of the expiration of the time to file a transcript or statement of the evidence or within ten (10) business days of the date the trial court resolves any dispute concerning the contents of the record or statement of the evidence, whichever is later. The appellee shall file a responsive brief with the clerk of the court of workers' compensation claims within ten (10) business days of the filing of the appellant's brief or the expiration of the time for the filing of the appellant's brief, whichever is earlier. No reply brief shall be filed unless the appellee raises an issue or issues on appeal not previously addressed in the appellant's brief. Under such circumstances, the appellant may file a reply brief within five (5) business days addressing only the issue or issues not previously addressed. If both parties appeal, each party shall file its brief as an appellant and as an appellee consistent with the above briefing schedule.(3) The clerk of the workers' compensation appeals board shall docket the appeal upon receipt of the record from the clerk of the court of workers' compensation claims and send a docketing notice to all parties.(4) If the appeals board affirms an interlocutory order awarding temporary disability or medical benefits, the employer shall begin making payments of benefits within five (5) business days from the date the decision affirming the interlocutory order is filed by the appeals board. Failure to begin benefit payments within five (5) business days may result in the assessment of a civil penalty pursuant to Tennessee Code Annotated section 50-6-118. Upon the filing of a decision on an interlocutory appeal, the clerk of the appeals board shall transmit a copy of the decision to the parties by regular and/or electronic mail and to the clerk of the court of workers' compensation claims. Petitions to rehear or reconsider the decision of the appeals board are disfavored. However, a party may petition the appeals board to rehear or reconsider its decision. Such petitions will be heard consistent with Rule 39 of the Tennessee Rules of Appellate Procedure.(5) Following the filing of a decision affirming, reversing, and/or modifying and remanding an interlocutory order, the claim shall continue in the manner provided by Tennessee Code Annotated section 50-6-239 and by these rules.(6) In circumstances where the appeals board reverses or vacates an order of the court of workers' compensation claims with instructions for the judge of the court of workers' compensation claims to enter a dispositive order that resolves all issues in the case, a party wishing to appeal that subsequent dispositive order may, after timely filing a notice of appeal, file a motion asking the appeals board to suspend all record and briefing requirements and summarily affirm and certify as final the order of the court of workers' compensation claims as provided in Tennessee Code Annotated section 50-6-225. In the alternative, the appeals board may, on its own motion, suspend all record and briefing requirements and summarily affirm and certify as final the order of the court of workers' compensation claims for purposes of further appellate review.Tenn. Comp. R. & Regs. 0800-02-22-.05
Original 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, 9-8-307, 9-8-402, 50-6-118, 50-6-217, 50-6-225, 50-6-233, and 50-6-237.