The Appellate Division of the Workers’ Compensation Board was established by the 125th Legislature. [PL 2011 ch 647 § §19-21]. The division went into effect August 30, 2012.
Creation of the division changed the process for challenging a decision of a single Administrative Law Judge of the Board. Now, parties must first bring an appeal to the division, and not the Law Court. The Law Court has amended Maine Rule of Appellate Procedure 23 to eliminate discretionary appeals from decisions of a single Board Administrative Law Judge [Me.R.App.P 23] (see Rule 23 on page 52).
Appeals to the Appellate Division are “as of right” (i.e., not discretionary) and may be taken from any decision of a single Board Administrative Law Judge made pursuant to section 318 of the Workers’ Compensation Act.
Any party may file an appeal with the division by submitting a “Notice of Intent to Appeal” (form WCB-240), along with a copy of the decision being appealed, to the division Clerk’s office in Augusta, or to any Board Regional Office within 20 days of receiving the Administrative Law Judge’s decision.
Cases on appeal will be heard by a panel of no fewer than three (3) of the Board’s Administrative Law Judges (excluding the Administrative Law Judge whose decision is under review) appointed by the Board’s Executive Director or designee. The panel will issue a written decision affirming, vacating, remanding, or modifying the original decree.
Appeals from a decision of the full Board pursuant to section 320 or from a decision of the Appellate Division may continue to be brought as discretionary appeals to the Law Court.
Sally Enoch, Clerk/Staff Attorney
Maine Workers’ Compensation Board
27 State House Station
Augusta, ME 04333-0027