§ 143-293. Appeals to Court of Appeals.
§ 143‑293. Appealsto Court of Appeals.
Either the claimant or the State may, within 30 days after receipt ofthe decision and order of the full Commission, to be sent by registered orcertified mail, but not thereafter, appeal from the decision of the Commissionto the Court of Appeals. Such appeal shall be for errors of law only under thesame terms and conditions as govern appeals in ordinary civil actions, and thefindings of fact of the Commission shall be conclusive if there is anycompetent evidence to support them. The appellant shall cause to be prepared astatement of the case as required by the rules of the Court of Appeals. A copyof this statement shall be served on the respondent within 45 days from theentry of the appeal taken; within 20 days after such service, the respondentshall return the copy with his approval or specified amendments endorsed orattached; if the case be approved by the respondent, it shall be filed with theclerk of the Court of Appeals as a part of the record; if not returned withobjections within the time prescribed, it shall be deemed approved. Thechairman of the Industrial Commission shall have the power, in the exercise ofhis discretion, to enlarge the time in which to serve statement of case onappeal and exceptions thereto or counterstatement of case.
If the case on appeal is returned by the respondent with objections asprescribed, or if a countercase is served on appellant, the appellant shallimmediately request the chairman of the Industrial Commission to fix a time andplace for settling the case before him. If the appellant delays longer than 15days after the respondent serves his countercase or exceptions to request thechairman to settle the case on appeal, and delays for such period to mail thecase and countercase or exceptions to the chairman, then the exceptions filedby the respondent shall be allowed; or the countercase served by him shallconstitute the case on appeal; but the time may be extended by agreement ofcounsel.
The chairman shall forthwith notify the attorneys of the parties toappear before him for that purpose at a certain time and place, which timeshall not be more than 20 days from the receipt of the request. At the time andplace stated, the chairman of the Industrial Commission or his designee shallsettle and sign the case and deliver a copy to the attorneys of each party. Theappellant shall within five days thereafter file it with the clerk of the Courtof Appeals, and if he fails to do so the respondent may file his copy.
No appeal bond or supersedeas bond shall be required of Statedepartments or agencies. (1951, c. 1059, s. 3; 1967, c. 655, s. 1; 1987 (Reg. Sess., 1988), c.1087, s. 4.)