Workers’ Compensation Appeals

If a claimant wishes to take an appeal from an Order issued by the Workers’ Compensation Commission, the claimant must file the appeal within 30 days of the Order that is being appealed.  The appeal will be taken to the court that has jurisdiction over the place where the accident occurred or over the person taking the appeal.  Therefore, if the injury occurs in Bel Air, Maryland, the appeal will be taken to the Circuit Court for Harford County.  If the appeal is taken in the wrong court, the appeal will not be dismissed, it will merely be transferred to the correct court.

The appeal is taken by filing a Petition for Judicial Review.  The Petition must request judicial review, identify the order or action of which review is sought, and state whether the petitioner was a party to the Commission’s proceedings.  No other allegations are necessary.  When the Petition is filed, the petitioner must send a copy to the Commission and to the other parties in the proceeding.   The petitioner must also provide an extra copy of the petition to the clerk of the Circuit Court, who will then forward the copy to the Commission.  The Commission will mail a notice to all parties that an appeal has been taken.

Once the Petition is filed, the other parties to the action have 30 days to file a response after the Commission’s notice.  The response must include an intent to participate in the action. Nothing else need be included in the response, and a copy does not have to be sent to the Commission.  When filing a response, the respondent may also file a preliminary motion to challenge standing, venue, timeliness of filing, or any other matter that would defeat the right to judicial review.

After the petition for judicial review is filed, the procedures for the appeal are very similar to any other trial in the Circuit Court.  If the claimant would like a jury trial, the request must be made within 15 days after the response is filed.

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