Title 34, Chapter 9, Section 103
( 34-9-103)
(a) Any party dissatisfied with a decision of an administrative law
judge of the trial division of the State Board of Workers'
Compensation may appeal that decision to the appellate division of
the State Board of Workers' Compensation which shall have original
appellate jurisdiction in all workers' compensation cases. An
application for review shall be made to the appellate division
within 20 days of notice of the award. The appellee may institute
cross appeal by filing notice thereof within 30 days of the notice
of the award. If a timely application for review, cross appeal, or
both, is made to the appellate division, the appellate division
shall review the evidence and shall then make an award with findings
of fact and conclusions of law. A copy of the award so made on
review shall immediately be sent to the parties at dispute. Upon
review, the appellate division may remand to an administrative law
judge in the trial division any case before it for the purpose of
reconsideration and correction of apparent errors and omissions and
issuance of a new award, with or without the taking of additional
evidence, or for the purpose of taking additional evidence for
consideration by the appellate division in rendering any decision or
award in the case. The findings of fact made by the administrative
law judge in the trial division shall be accepted by the appellate
division where such findings are supported by a preponderance of
competent and credible evidence contained within the records. (b) Within the time limit provided by subsection (a) of this Code section for review by the board of an award made in accordance with Code Section 34-9-102 or within the time limit provided by Code Section 34-9-105 for appeal to a superior court, upon or without the suggestion of a party to the proceedings and notwithstanding the filing of an application for review or appeal, the board or any of its members or administrative law judges issuing an award shall have authority to reconsider, amend, or revise the award to correct apparent errors and omissions. Should an amended or revised award be issued, the time period for filing an application for review of the amended or revised award under subsection (a) of this Code section or for filing appeal to a superior court under Code Section 34-9-105 shall commence upon the date of issuance of the amended or revised award. |