The Appeals Branch has the responsibility of ensuring that the appeals file is processed, recorded electronically and updated as to its status, and assigned to members of the Workers’ Compensation Board  (WCB) for opinion.  If the Workers’ Compensation Board remands a claim back to the administrative law judge (ALJ) for further proceedings, this section processes the Workers’ Compensation Board’s orders, updates the database and reassigns the claim back to the administrative law judge.  However, in many instances further appeal can occur which would then send the file to the Kentucky Court of Appeals.  An index is then prepared illustrating the record of the claim before the ALJ and the WCB for transmittal to the clerk of the Kentucky Court of Appeals. (A helpful Web site for claim updates occurring with the Court of Appeals as well as the Supreme Court is http://www.kycourts.net/.  Their phone numbers are 502-573-7920 and 502-564-5444, respectively.  With the finality of a court decision, this area will post the data status and route the claim/case file records in accordance with the decision of the court.

 

Q.  How much time do I have to file an appeal to the Workers’ Compensation Board?
A.  Notices of appeal to the board should be filed within 30 days of the ALJ’s opinion or final order.

 

Q.  When is the petitioner’s brief due?
A.  Petitioners have 30 days from the filing of the notice of appeal to file a brief.

 

Q.  When is the respondent’s brief due?
A.  Respondent’s briefs are due 30 days from the filing of the petitioner’s brief.

 

Forms Used:  Checklists to assist parties with preparation of briefs on appeal.

 

 

For further information or questions, please call Section Supervisor, Diana Morgan, Department of Workers' Claims, Frankfort 502-782-4457. Diana.Morgan@ky.gov Fax 502-564-3792