By Olivia Yearwood, Clerk of Court, Tennessee Workers’ Compensation Appeals Board, Nashville
If you’re navigating the court process through the Bureau of Workers’ Compensation, you’re most likely interacting with Penny Shrum, clerk for the Court of Workers’ Compensation Claims, or me, Olivia Yearwood, clerk for the Workers’ Compensation Appeals Board.
The rules governing the Court and the Board describe which documents need to be filed and where those documents need to be filed. It’s very important to read these rules, because (1) you might not file certain documents where you would think, and (2) these rules don’t follow the rules governing appeals in the judicial courts.
ALL notices of appeal must be filed with the clerk of the trial Court, Ms. Shrum. Likewise, ALL transcripts or statements of the evidence must be filed with the clerk of the Court.
Then, depending on which type of order is being appealed, briefs will be filed with either the clerk of the Court or the clerk of the Board. No document should be filed with the Board if no appeal is pending.
The chart below can be used as a reference for filing common documents.
Documents to file with CWCC Clerk Documents to file with WCAB Clerk
|Notice of Appeal along with filing fee||Briefs for Compensation Appeals|
|Affidavit of Indigency||Motions Related to an Appeal|
|Transcript or Joint Statement of the Evidence|
|Briefs for Interlocutory Appeals|
It’s crucial that the documents are filed with the correct clerk. If a document is filed with the incorrect clerk, you’ll be notified that you haven’t filed your document in the correct place and instructed where to file it. Then it’s your responsibility to submit the filing to the correct clerk; the clerks will not “cross-file” documents for you.
If you’re filing a document that is subject to a deadline, as most documents are, failing to timely file a document with the correct clerk might result in your document not being considered. Most importantly, if you file a notice of appeal with the wrong clerk and don’t refile it with the clerk of the Court within the time permitted, your appeal will be dismissed, as the Board won’t have jurisdiction to consider the appeal.
For more information, you can find the Board’s rules here and the Court’s rules here. Also, you may contact me with questions at firstname.lastname@example.org or Ms. Shrum at email@example.com. Thanks.