SUMMARY
This chapter covers judicial review of an order from the Workers' Compensation Board. It discusses the basis for jurisdiction over a petition for review, the procedure for perfecting an appeal, the scope of review, petitions for reconsideration, appellate procedure, and the Appellate Settlement Conference Program. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 21
JUDICIAL REVIEW
Michelle L. Shaffer
§ 21.1 INTRODUCTION
§ 21.2 PETITION FOR JUDICIAL REVIEW—STATUTORY BASIS OF JURISDICTION
§ 21.2-1 Is the Board’s Order Final and Appealable?
§ 21.2-2 Is There a Justiciable Controversy, or Is the Case Moot?
§ 21.2-3 Frivolous Appeals or Pleadings
§ 21.3 PROCEDURE FOR PERFECTING APPEAL
§ 21.3-1 Filing the Petition
§ 21.3-2 Contents of Petition for Judicial Review
§ 21.3-3 Service of Petition
§ 21.3-4 Cross-Petition for Judicial Review
§ 21.3-5 Filing and Appearance Fees
§ 21.4 REQUIREMENTS OF THE BOARD SUBSEQUENT TO FILING A PETITION FOR JUDICIAL REVIEW
§ 21.5 SCOPE OF REVIEW
§ 21.5-1 Substantial-Evidence Review
§ 21.5-2 Particulars of Substantial-Evidence Review
§ 21.5-2(a) Statutory Requirements for the Order Being Reviewed
§ 21.5-2(b) Allegations of Procedural Irregularities
§ 21.5-3 Precedential Opinions and Nonprecedential Memorandum Opinions
§ 21.6 PETITIONS FOR RECONSIDERATION IN THE COURT OF APPEALS AND PETITIONS FOR REVIEW IN THE SUPREME COURT
§ 21.7 RECONSIDERATION BY THE SUPREME COURT AND CONTINUING JURISDICTION OF THE COURT OF APPEALS
§ 21.8 APPELLATE PROCEDURE
§ 21.8-1 Exhibits
§ 21.8-2 Briefs
§ 21.8-3 Motions
§ 21.8-4 Motions to Extend Time to File Brief or Other Document
§ 21.8-5 Oral Argument
§ 21.8-6 Special Findings for Award of Attorney Fees
§ 21.9 APPELLATE SETTLEMENT CONFERENCE PROGRAM
Appendix 21A Abbreviations