Section 0800-02-22-.09 - COSTS ON APPEAL; SETTLEMENT DURING APPEAL; FRIVOLOUS APPEALS; OBTAINING CERTIFIED COPIES OF APPEALS BOARD ORDERS AND OPINIONS(1) Costs on appeal may be assessed as ordered by the appeals board. If an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the appeals board; if a judgment or order is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment or order is reversed, costs shall be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated or modified, costs shall be taxed as ordered by the appeals board. Costs on appeal may include filing fees and costs associated with ensuring a complete record on appeal, among other necessary and reasonable costs.(2) If any party who has filed a notice of appeal elects to dismiss the appeal voluntarily, such party shall file a motion to dismiss the appeal with the clerk of the appeals board. Any party opposing the dismissal shall file a response to the motion within five (5) business days of the filing of the motion to dismiss. The appeals board will then act on the motion.(a) If the motion is granted with respect to the appeal of an interlocutory order, the case shall be remanded to the court of workers' compensation claims for any further proceedings that may be necessary. If the motion is denied, the appeal shall proceed as directed by the appeals board.(b) If the motion is granted with respect to the appeal of a compensation order, the appeals board shall certify the order of the court of workers' compensation claims as final and dismiss the appeal.(3) If the parties agree to settle the claim following the filing of the notice of appeal, the parties shall file a joint motion signed by all parties requesting the appeal be held in abeyance and the case be remanded to the workers' compensation judge to consider approval of the settlement. If the settlement is approved within thirty (30) calendar days of the filing of the order remanding the case, the parties shall file a joint motion seeking to dismiss the appeal. The motion shall provide for the assessment of costs on appeal and shall be accompanied by a copy of the order approving the settlement. If the proposed settlement is not approved within thirty (30) calendar days of the filing of the order remanding the case, the appeal shall proceed in accordance with any further order of the appeals board.(4) When it appears to the appeals board that an appeal was frivolous or taken solely for delay, the appeals board may, either upon motion of a party or of its own motion, with or without remand, assess a penalty and/or award expenses, including reasonable attorney's fees, incurred by the appellee as a result of the appeal.(5) If a party wishes to obtain a certified copy of any decision of the appeals board or other documents contained in a record on appeal, that party may make a request as provided in Rule 0800-02-29.Tenn. Comp. R. & Regs. 0800-02-22-.09
Original rules 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.