PURPOSE: This rule outlines procedures for appeals from a final award, order or decision made by an administrative law judge of the Division of Workers’ Compensation.

1. (1) Review—Appeal. Any interested party in a contested case may appeal from a final award, order or decision made by an administrative law judge of the Division of Workers’ Compensation by making an application for review within twenty (20) days from the date of the award, order or decision with the commission as provided by section 287.480, RSMo. A form to be used in making an application for review has been promulgated by the commission and is available upon request. The applicant for review is not required to use the promulgated form; provided, the application sets forth information in regard to the case and award which is sought to be reviewed and the reasons for making the application for a review of the evidence. An application for review shall be signed by the applicant or the applicant’s attorney. An application filed on behalf of a corporation shall be signed by an attorney licensed in Missouri.

2. (2) Additional Evidence.

   1. (A) After an application for review has been filed with the commission, any interested party may file a motion to submit additional evidence to the commission. The hearing of additional evidence by the commission shall not be granted except upon the ground of newly discovered evidence which with reasonable diligence could not have been produced at the hearing before the administrative law judge. The motion to submit additional evidence shall set out specifically and in detail—

      1. 1. The nature and substance of the

newly discovered evidence;

1. 2. Names of witnesses to be produced;
2. 3. Nature of the exhibits to be intro-

duced;

1. 4. Full and accurate statement of the

reason the testimony or exhibits reasonably could not have been discovered or produced at the hearing before the administrative law judge;

1. 5. Newly discovered medical evidence

shall be supported by a medical report signed by the doctor and attached to the petition, shall contain a synopsis of the doctor’s opinion, basis for the opinion and the reason for not submitting same at the hearing before the administrative law judge; and

1. 6. Tender of merely cumulative evidence

or additional medical examinations does not constitute a valid ground for the admission of additional evidence by the commission.

1. (B) The commission shall consider the motion to submit additional evidence and any answer of opposing parties without oral argument of the parties and enter an order either granting or denying the motion. If the motion is granted, the opposing party(ies) shall be permitted to present rebuttal evidence. As a matter of policy, the commission is opposed to the submission of additional evidence except where it furthers the interests of justice. Therefore, all available evidence shall be introduced at the hearing before the administrative law judge.

1. (3) Applications and Briefs.

   1. (A) An applicant for review of any final award, order or decision of the administrative law judge shall state specifically in the application the reason the applicant believes the findings and conclusions of the administrative law judge on the controlling issues are not properly supported. It shall not be sufficient merely to state that the decision of the administrative law judge on any particular issue is not supported by competent and substantial evidence.
   2. (B) If the applicant for review (known as the petitioner) desires to file a brief or memorandum of law in support of the application, it shall be indicated in the application. The petitioner’s brief or memorandum of law shall be filed within thirty (30) days after the transmittal of the transcript of record. Parties to a claim who do not file an application for review may file reply briefs or memoranda of law within fifteen (15) days after receipt of the applicant’s brief or memorandum of law. The commission shall have discretion, after notice to the parties, to extend or accelerate the briefing schedule.

2. (4) Answers and Briefs.

   1. (A) An opposing party (known as the respondent) may file an answer to the petitioner’s application for review, concisely addressing each of the contentions set forth in the application. The answer(s) shall be filed within ten (10) days after the filing of the application for review. The commission shall have discretion to extend the time for filing an answer.
   2. (B) If the petitioner does not include a request for a briefing schedule in the application for review and the respondent desires to file a brief or memorandum of law, that request shall be included in the answer. If the petitioner has requested a briefing schedule, but fails to file a timely brief after that, the respondent may file a brief or memorandum of law only if the respondent included a request to file a brief or memorandum of law in the answer.

3. (5) Briefs, Typewritten. Briefs filed in any case pending before the commission shall be typewritten. The original and two (2) copies shall be filed with the commission and a copy served upon the opposing party(ies).

   1. (A) All briefs shall be subject to the following requirements:

      1. 1. Be on paper of size eight and one-

half inches by eleven inches (8 1/2" × 11");

1. 2. Be on paper weighing not less than

nine (9) pounds to the ream;

1. 3. Be typed on one (1) side of the

paper;

1. 4. Have a left, right, bottom, and top

margin of not less than one inch (1"). Page numbers may appear in the bottom margin, but no other text may appear in the margins;

1. 5. Have all pages consecutively num-

bered;

1. 6. Use characters throughout the briefs,

including footnotes that are not smaller than thirteen (13) font, Times New Roman on Microsoft Word;

1. 7. Be double-spaced, except the cover,

if any, certificate of service and signature block may be single-spaced.

1. (B) The brief of the petitioner shall not exceed thirty (30) pages. A respondent’s brief shall not exceed twenty-five (25) pages. A reply brief is not required or suggested but if the petitioner believes it is necessary to file a reply, it shall not exceed eight (8) pages. A reply brief must be filed within ten (10) days of receipt of the respondent’s brief. A cover sheet or index to the brief need not be counted in the page limitation but any attachments, 8 CSR 20-3

exhibits or appendices to the brief will be considered as pages of the brief and subject to the page limitation for the entire brief. (Parties should note that the commission file contains the award and decision of the administrative law judge along with a complete transcript of the record. It is unnecessary to attach any of these materials to the brief. Any other attachment would not be of record and not subject to consideration, which is limited to the record or transcript of the hearing.) Any brief submitted which is not in compliance with the above may not be considered.

1. (C) The brief of the party requesting the application for review shall contain a fair and concise statement of facts without argument. The respondent may supplement the statement of facts if necessary. No jurisdictional statement is necessary unless jurisdiction is at issue. (Parties are advised that recitations of basic legal principles of workers’ compensation law are not necessary and are discouraged. The commission is aware of principles such as that the burden of proof is on the employee, the law is to be liberally interpreted in favor of the employee, and that the commission may make its own determination of the facts, and credibility of the witnesses including experts.) The briefs shall identify the issues in dispute and address those issues only. The briefs should state concisely the factual or legal support for the party’s positions. Lengthy recitation of facts or cases without identifying how they relate to the party’s position will not be considered. Briefs of all parties should clearly outline and explain the issues in dispute and contain a conclusion in detail as to the decision, award or action requested from the Labor and Industrial Relations Commission.

1. (6) Oral Argument. Oral argument may be granted by the commission; provided, the request to present oral argument is made in the application for review or in the answer and includes the reason the argument cannot be made adequately by brief. Untimely requests for leave to present oral argument shall not be entertained nor will any request to present oral argument in lieu of a brief be allowed.
2. (7) Hardship Setting. If the claimant for workers’ compensation requests a hardship setting before the commission, an accelerated briefing schedule may be set and oral argument may be denied. The request for a hardship setting shall be made in the application for review, in an answer to the application or in a separate motion to the commission and shall set forth the reason expedited review is necessary. The commission shall have discretion to designate a cause as a hardship case.

AUTHORITY: section 286.060, RSMo 2000.* This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed March 16, 1992, effective Sept. 6, 1992. Amended: Filed Nov. 17, 1998, effective April 30, 1999. Amended: Filed Jan. 15, 2003, effective Aug. 30, 2003.

*Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995.