Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-1-18 - Implementation and Stay of Orders from the Office of Judges18.1. The responsible party may move for stay of any order entered by the Office of Judges for the payment of indemnity benefits, or which will necessarily require or result in the payment of such benefits, including, but not limited to, an order which finds a claim to be compensable, by filing a motion with either the Administrative Law Judge who entered the order or with the Board of Review.18.2. A motion as described in subsection 18.1. of this section filed with the Office of Judges must be filed within ten (10) days of the date of entry of such order. A motion as described in subsection 18.1. of this section filed with the Board of Review must be filed contemporaneously with the notice for appeal. Any motion that is not timely filed in accordance with this subsection shall be dismissed with prejudice. In either case, the claimant may file a response to the motion within ten (10) days of the date on which the motion was filed, and the Office of Judges or Board of Review, whichever is applicable, shall enter an order granting or denying the motion within the ten (10) days from the end of the response period.18.3. Any motion as described in subsection 18.1. of this section must include the following minimum content: (1) A statement of the reasons the stay is being sought; and (2) a statement of the grounds for the underlying appeal. Failure to include the minimum content described in this section is grounds for summary denial of the motion.18.4. Any order granting a motion described in subsection 18.1. of this section shall expressly limit the stay to temporary total or permanent partial indemnity benefits to be paid in the claim as a result of the imderlying Office of Judges order. No order granting a motion as described in subsection 18.1. of this section shall stay any medical, rehabilitation or permanent total disability benefits.18.5. Any order granting a motion described in subsection 18.1. of this section by the Office of Judges shall expressly limit the duration of the stay to the expiration of the jurisdictional time limit for the filing of an appeal of the underlying order, or to the entry of a decision by the Board of Review if an appeal is filed. Any order granting a motion described in subsection 18.1. of this section by the Board of Review shall expressly limit the duration of the stay to the entry of a decision by the Board of Review of the underlying appeal: Provided, That if the Board of Review enters a decision remanding a case to the Office of Judges for further proceedings, any stay granted by the Office of Judges or Board of Review shall remain in effect until the Office of Judges enters a new order on the issue which was remanded, at which time the stay will be lifted.