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Appeals on their Minds: Ga. Spells Out New Steps

11 Jun, 2023 Frank Ferreri

georgia g75bb98aed 640
                               

Atlanta, GA (WorkersCompensation.com) -- Come July, Georgia will have new procedures for appealing a workers' compensation claim.

So, what's new in the Peach State? The following information breaks it down.

New Rule

Starting July 1, if a claimant is not satisfied with an award or order of the Appellate Division of the State Board of Workers’ Compensation, you must file an appeal (petition for review) with the superior court of the county in which the injury occurred, or if the injury occurred outside the state, with the superior court in which the original hearing was held, no later than 20 days from the date on the award or order.

What about Questions?

Any questions regarding the filing of superior court appeals must be directed to the proper superior court. Filing costs and additional procedures may apply and vary from county to county.

Electronic Filing

A copy of the petition for review shall simultaneously be filed electronically through ICMS, which satisfies the statutory requirement that a copy of the petition be served on the clerk of the Board. Parties without access to ICMS may file a copy of the petition for review in paper with any Board office by hand delivery or mail to the following address:

State Board of Workers’ Compensation
Attn: Superior Court Appeal
270 Peachtree Street, N.W.
Atlanta, GA 30303-1299

Important Note

Superior court appeals should not be filed with the Georgia State Board of Workers’ Compensation on or after July 1, 2023. The Board should only receive a copy. If a superior court appeal is filed in the wrong venue, it could be dismissed.

Where's the County of Injury?

The county of injury can be found in the administrative law judge’s award or order. If the injury occurred
outside of the state of Georgia, the superior court appeal should be filed in the county where the original
hearing before the administrative law judge was held.

After receiving a copy of the petition for review (appeal), the State Board of Workers’ Compensation shall transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court where the petition for review is filed. The Board will transmit the aforementioned documents within 30 days of receipt of the copy of the petition for review.

Fees & Costs

The appealing party shall pay the reasonable copying and transmittal costs of the Board. Upon good cause shown, the Board may waive the copying and transmittal costs. A copy of the petition for review must be received by the Board in order for a certified copy of the record to be transmitted to the superior court.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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