Rule 12 - Workers' compensation appeals(a)Applicability. This Rule governs all appeals from a final decision of the Workers' Compensation Board of Review pursuant to West Virginia Code §23-5-15 to the Intermediate Court and all appeals in workers' compensation cases from the Intermediate Court to the Supreme Court, or as allowed by motion under West Virginia Code § 51-11-5.(b)Time for appeal. No appeal shall be presented from a decision of the Workers' Compensation Board of Review to the Intermediate Court that has been rendered more than thirty days before such appeal is filed with the Clerk. No appeal from a decision of the Intermediate Court shall be presented to the Supreme Court that has been rendered more than thirty days before such appeal is filed with the Clerk.(c)Perfecting the appeal. An appeal from a decision of the Workers' Compensation Board of Review to the Intermediate Court, or an appeal from the Intermediate Court to the Supreme Court is perfected upon the timely and proper filing of a docketing statement, petitioner's brief, and appendix in the Office of the Clerk.(d)Docketing statement. The petitioner must file the docketing statement with the attachments mentioned in the form contained in Appendix B of these Rules.(e)Petitioner's brief. The petitioner must file a brief in the same format as provided in Rule 10, and must comply with the page limitations set forth in Rule 38. If applicable, the petitioner's brief shall name the successor to the workers' compensation commission as a respondent in addition to the adverse party.(f)Appendix. The petitioner must file a separate appendix of documents relevant to the issues on appeal. The appendix shall accurately reflect the relevant documents submitted in the administrative proceedings^ and must include the decision of the Office of Judges, if applicable, and the Board of Review. The appendix must also include all relevant medical reports, psychological reports, vocational reports, transcripts, correspondence, orders, and other written material that is necessary for a fair consideration of the issues on appeal. In appeals to the Supreme Court the decision from the Intermediate Court must also be included.(g)Service . All documents filed in a workers' compensation appeal shall be served on all parties to the appeal or, if represented, upon their attorneys, and upon the successor to the Workers' Compensation Commission, in accordance with Rule 37.(h)Respondent's brief. Within thirty days of the petitioner's brief, the respondent may file a brief or summary response in the same format as provided in Rule 10 and must comply with the page limitations set forth in Rule 38. The respondent may file a separate appendix of additional documents relevant to the issues on appeal not contained in the petitioner's appendix. Cross-assignments of error are not permitted.(i)Reply brief. If the respondent files a brief or summary response, the petitioner may file a reply brief, which must comply with the page limitations set forth in Rule 38, within twenty days of the respondent's brief or summary response.(j)Consideration of the appeal. After the response brief or summary response has been filed, and any reply brief deemed necessary has been filed (or the time for filing a reply has expired), the appeal is deemed to be mature for full consideration by the Intermediate Court or the Supreme Court. Thereafter, the Intermediate Court or the Supreme Court will: (1) decide the case on the merits without oral argument; or (2) set the case for oral argument and decide the case on the merits; or (3) issue an appropriate order after considering any written and oral arguments made by the parties.(k)Decision. The Intermediate Court or the Supreme Court shall certify its decision upon the merits of the appeal to the Workers' Compensation Board of Review and, in an appropriate case, to the successor to the workers' compensation commission.Amended June 15, 2022, effective 7/1/2022.