Board Rule 105

Rule 105.  Appeals to the Courts.

(a) The prevailing party shall supply the Board with copies of the following documents:
(1) Order of Superior Court disposing of an appeal;
(2) Denial by the Court of Appeals or Supreme Court of an application for discretionary review;
(3) Notice of appeal from Superior Court to Court of Appeals or Supreme Court where discretionary appeal is granted;
(4) Denial of certiorari by the Supreme Court from a decision of the Court of Appeals;
(5) Court of Appeals remittitur to Superior Court;
(6) Judgment on remittitur from Superior Court when the Court of Appeals does anything other than affirm the judgment of the Superior Court.

(b) The non-prevailing party shall supply the Board with the following documents:
(1) Application to the Court of Appeals or Supreme Court for discretionary review of a judgment of the Superior Court;
(2) Application to the Supreme Court for certiorari to review a decision of the Court of Appeals;
(3) Notice from the Supreme Court of granting of certiorari from a decision of the Court of Appeals.

(c) The party dismissing an appeal shall file a copy of the dismissal with the Board.

(d) In the event of a settlement during the pendency of an appeal, it shall be the joint obligation of the parties to supply the Board with copies of all documents necessary to restore jurisdiction to the Board to consider the settlement.

(e) Copies of the documents listed above shall be submitted to the Board by regular mail within five days of filing in the appropriate court.

(f) Any party filing with the Board an appeal to Superior Court shall pay the reasonable copying and transmittal costs of the Board. Upon good cause shown, the Board may waive the copying and transmittal costs.

(g) An appeal shall be filed electronically through ICMS. However, in the event of an outage preventing an electronic submission and the time for filing an appeal is at issue, an appeal may be filed in paper or by facsimile with any Board office. Any filing by facsimile transmission must be clearly labeled with the name of the claimant, claim number, and Board division or employee to whom the facsimile transmission is directed.