Rule RAP 49 - Appeals from Workers' Compensation Board(A)General. Pursuant to Section 111(2) of the Kentucky Constitution and SCR1.030(3), decisions of the Workers' Compensation Board shall be subject to direct review by the Court of Appeals in accordance with the procedures set out in this rule.(B)Time for Petition. No later than 30 days from the date upon which the Board enters its final decision pursuant to KRS 342.285(3), any party aggrieved by that decision may file a petition for review with the Clerk of the Court of Appeals and pay the filing fee required by RAP 13. Failure to file the petition and pay the filing fee within the time allowed shall require dismissal of the petition.(C)Format. Five copies (1 unbound and 4 bound) of the petition shall be filed with the Clerk of the Court of Appeals. All petitions and responses shall be in the form prescribed by RAP 31, but with covers colored as follows: Petition-Red; Response-Blue.(D)Contents of Petition. The petition shall designate the parties as appellant(s) and appellee(s) and shall contain the following: (1) The name and address of each appellant and each appellee and the names and addresses of their respective counsel. The appellant shall specifically designate as appellees all adverse parties and the Workers' Compensation Board.(2) The petition shall state the date of the entry of the decision by the administrative law judge and the date of entry of the final decision of the Workers' Compensation Board.(3) Each petition shall begin with a table of points and authorities stating the issues to be raised. The petition shall contain a clear and concise statement of (a) the material facts, (b) the questions of law involved, and (c) the specific reason(s) why relief from the Board's decision should be granted by the Court of Appeals. The petition shall be prepared with the expectation that it will be the only document filed by the petitioner in the appeal and shall be limited to 8,750 words or 20 pages if computer generated or to 25 pages if handwritten or typewritten. The cover, table of points and authorities, signatures, and attachments are excluded from the page and word limits. A computer-generated petition that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 15.(4) Copies of the following documents shall be attached to each copy of the petition filed in the Court of Appeals: (a) the decision of the administrative law judge, (b) the final decision of the Workers' Compensation Board, and (c) a set of the briefs filed with the Board by the appellant and each appellee. If review is sought of a decision on a motion to reopen, copies of the motion, any responses thereto, and decisions on that motion by the administrative law judge and the Board shall be attached. The petition shall clearly state whether there is or is not any other action concerning the injury pending before any other state or federal court or administrative body.(E)Record. Upon receipt of the petition, the Clerk of the Court of Appeals will request that the original record of the Workers' Compensation Board be prepared by the board in conformity with RAP 24, 25, and 26, certified no later than 30 days from the date of the request, and transported forthwith to the office of the Clerk of the Court of Appeals. This certification and transmission may occur by electronic means.(F)Response to Petition. Each appellee may file 5 copies (1 unbound and 4 bound) of a response to the petition no later than 30 days from the date on which the petition was filed with the Court of Appeals. A response shall be limited to 8,750 words or 20 pages if computer generated or to 25 pages if handwritten or typewritten. The cover, table of points and authorities, signatures, and attachments are excluded from the page and word limits. A computer-generated petition that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 15. No reply to the response shall be filed.(G)Certification and Service.(1) The petition and the response shall be signed by each party or his counsel and that signature shall constitute a certification that the statements therein are true and made in good faith.(2) Upon filing, a copy of the petition and any response shall be served on counsel of record, or on any party not represented by counsel, and on the Workers' Compensation Board. Such service shall be certified on the petition or response pursuant to RAP 5.(3) In any case in which the constitutionality of a statute is questioned, a copy of the petition and response shall be served on the Attorney General by the party challenging the validity of the statute. The Attorney General may file an entry of appearance no later than 10 days from the date of such service. If no entry of appearance is filed, no further filings need be served on the Attorney General. (H)Cross-Petition and Response.(1) Any party designated as an appellee may file a cross-petition no later than 30 days from filing of the petition. The cross-petition shall state the name of each cross-appellant and each cross-appellee and the names and addresses of their respective counsel. The cross-petition shall contain a clear and concise statement of the issues that the crossappellant seeks to raise and any material facts relevant to those issues not presented in the petition.(2) Any cross-appellee may file a response to the cross-petition no later than 30 days from the filing of the cross-petition.(3) Five copies (1 unbound and 4 bound) of the cross-petition and response shall be filed with the Clerk of the Court of Appeals. A combined cross-petition and response shall be limited to 14,000 words or 30 pages if computer generated and limited to 40 pages if handwritten or typewritten. The cover, table of points and authorities, signatures, and attachments are excluded from the page and word limits. A computergenerated petition that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 15.(4) Cross-petitions and responses shall be signed and served in accordance with paragraph (G) of this rule, with colored covers and binding in accordance with paragraph (C) of this rule.(I)Submission. The petition, any responses, cross-petitions, and the record shall be submitted to the Court of Appeals for review, and the matter shall proceed further as directed by order of the Court of Appeals. The court may order the filing of briefs compliant with RAP 30-32 or direct that the appeal be submitted for decision based only upon the petition and response.(J)Disposition. After the Court of Appeals issues a decision, the Clerk shall send a copy of the decision to counsel for each party and to the Workers' Compensation Board.(K)Procedure for Further Review. Further review may be sought in the Supreme Court of a final decision or final order of the Court of Appeals in a Workers' Compensation matter, and shall be prosecuted in accordance with the rules generally applicable to other appeals pursuant to RAP 30, 31, 32 and 60.Adopted by order 2022-49, eff. 1/1/2023.