What is the Appellate Division of the GA State Board of Workers' Compensation?

Published: 6/30/2024
Any party dissatisfied with an administrative law judge’s award may appeal to the appellate division.
The Appellate Division is a part of the State Board of Workers’ Compensation that reviews appeals from decisions made by administrative law judges in workers’ compensation cases. It has the authority to adopt, modify, or reverse the findings and awards of administrative law judges based on the record and arguments presented. The Appellate Division often adopts the findings of fact and conclusions of law of the administrative law judge when they are supported by competent and credible evidence and reflect an appropriate application of the Workers’ Compensation Act.
The Appellate Division is composed of a three judge panel, consisting of the chairman of the state Board of Workers’ compensation and two directors of the state Board of workers compensation. The decision of the Appellate Division is final and binding on all parties unless appealed to the superior court within 20 days of the issuance of the decision. The superior court’s review is limited to the record of the proceedings before the Appellate Division and is generally deferential to the findings of fact made by the Appellate Division. The superior court may only reverse the decision of the Appellate Division if it is found to be contrary to law or unsupported by the evidence. The appeal procedure is governed by O.C.G.A. § 34-9-105, Board Rule 105, and the Superior and State Court Appellate Practice Act (O.C.G.A. §§ 5-3-1 to 5-3-21).
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