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Appellate

Doug Witten
Division Director

Any party dissatisfied with a decision of a Board ADR or Trial Division administrative law judge (ALJ) may generally appeal that decision, within twenty (20) days of the ALJ’s final award or order, to the Board’s Appellate Division. The Appellate Division consists of a Chairperson and two (2) other Board members – collectively referred to as the Board’s Directors -- who serve as appellate administrative law judges.

Appearance before the Appellate Division shall be by brief only, unless a timely request for oral argument is made by an appropriate party. When such request is made, an oral argument date will be set within approximately (60) days of the filing of the underlying appeal. Board rules limit oral arguments to five (5) minutes for each party. Parties to an appeal are also afforded the opportunity to file briefs for the Appellate Division’s review and consideration.

Once an appeal has been presented at oral argument or otherwise submitted by brief, the Appellate Division will consider the evidence in the record and the parties’ arguments and subsequently issue a decision. By statute, the Appellate Division shall accept the ALJ’s findings of fact where such findings are supported by a preponderance of competent and credible evidnece contained within the record.

An appeal may be filed at the following address:

State Board of Workers’ Compensation
Attn: Clerk’s Office, Appellate Division
270 Peachtree Street, N.W.
Atlanta, GA 30303-1299

The information provided here is for general purposes only.  For specific requirements and procedures with respect to appeals, please refer to O.C.G.A. § 34-9-103 and Board Rule 103. If you have any other questions concerning the Appellate Division or the appeals process, you may contact us at 404/656-9688.