REVIEW OF DECISIONS OF THE

WORKERS’ COMPENSATION BOARD AND APPELLATE DIVISION (a) When and How Taken. (1) A party in interest may seek review by the Law Court of a decision of the Workers’ Compensation Board or its Appellate Division by filing with the Clerk of the Law Court a copy of the decision within 20 days after receipt of notice of the filing of the decision by the Appellate Division or the Board. The party petitioning for appeal shall file with the copy of the decision a notice of appeal indicating the points intended to be addressed on appeal. (2) The petitioning party shall also pay to the Clerk of the Law Court the required filing fee. (3) Within the original 20 days after receipt of notice of the decision or within 14 days after the date of the first filing of a notice of appeal with the Clerk of the Law Court, any other party in interest may file a notice of appeal indicating any additional point that the other party may wish to address in an appeal. (4) When more than one party files a notice of appeal, the party who files the first notice of appeal shall be deemed to be the petitioner for purposes of application of this Rule. (b) Petition for Appellate Review and Response. (1) Form of Petition. (A) Within 20 days of the filing of the decision or the last filed, timely notice of appeal, the petitioner shall file electronically with the Clerk of the Law Court a petition for appellate review, which shall state the procedural and factual history of the case, the error alleged to have been committed, and the manner in which the petition meets the criteria for granting appellate review stated in Rule 23(b)(2). The petitioner must send to the Clerk of the Law Court 10 paper copies of the petition using a method that will ensure that the Clerk receives the copies within 3 days after the electronic filing. 63 (B) The petition for appellate review and any response shall be typed in at least 14-point font with double spacing between each line of type except for block quotations. The petition and any response filed by any other party shall be in a single document not exceeding 12 pages. (2) Review Criteria. The Law Court may grant a petition for appellate review when: (A) The case clearly raises an important question of law that should be addressed because (i) the question of law is one that is likely to recur unless resolved, or (ii) there is a need to consider establishing, implementing, or changing an interpretation of law; or (B) The decision on appeal contains a substantial error on a question of law resulting in substantial prejudice to one or more of the parties to the Board or the Appellate Division proceeding; or (C) The decision on an appeal is affected by a substantial and prejudicial violation of the statutory or due process procedural rights of one or more of the parties to the Board proceeding. (3) No Appeal of Fact‐Finding. As provided by statute, there shall be no appeal upon findings of fact. (4) Petition Attachments. There shall be appended to the petition for appellate review, a copy of the decision of the Appellate Division or Workers’ Compensation Board, and copies of any other relevant decisions of the Board, the Appellate Division, or the former Workers’ Compensation Commission that are necessary to evaluate the issues raised in the petition. Failure to attach to a petition for appellate review a copy of the challenged decision of the Appellate Division or the Workers’ Compensation Board may result in a summary dismissal of that petition. (5) Response. Within 14 days any other party in interest may electronically file with the Clerk of the Law Court a response to the petition for appellate review. The response may not exceed 12 pages. The party filing the response must send to the Clerk of the Law Court 10 paper copies of the response using a method that will ensure that the Clerk receives the copies within 3 days after the electronic filing. 64 (6) Service of Copies. At the time of filing of a petition for appellate review or the response thereto, the party filing the petition or response shall also file one copy with the General Counsel of the Workers’ Compensation Board and serve one copy on each of the other parties in interest. (c) Granting or Denying the Petition for Appellate Review. The petition for appellate review shall be granted or denied as provided in 39-A M.R.S. § 322(3). If the petition is granted, the order granting the petition shall be treated as the notice of appeal, the first petitioner shall be treated as the appellant, and the appeal shall proceed in accordance with these Rules as applicable to an appeal in a civil action; except that: (1) In cases when the legal error is apparent on the face of the decision of the Appellate Division or the Board, the Law Court may summarily modify or vacate the decision and remand to the Appellate Division or the Board for further proceedings. (2) When the appeal is from a decision of the Appellate Division of the Workers’ Compensation Board issued pursuant to 39-A M.R.S. § 321-B: (A) The appellant shall prepare the record on appeal and file the record with the Clerk of the Law Court within 35 days after the date the petition is granted; (B) The appellant shall file the appendix to the briefs, and both of the parties shall file their briefs, within 14 days after the filing of the record on appeal with the Clerk of the Law Court; (C) Either party may file a reply brief within 14 days after service of the brief of the other party; (D) The record on appeal shall consist of the Appellate Division’s docket sheet, the hearing officer’s docket sheet, all pleadings, transcripts of all proceedings, all exhibits, all evidence of which the hearing officer or the Appellate Division has taken judicial notice, a copy of the decision of the Appellate Division, and a copy of the decision and findings of the hearing officer. 65 (3) When the appeal is from a decision of the Workers’ Compensation Board issued pursuant to 39-A M.R.S. § 320: (A) The Executive Director of the Workers’ Compensation Board shall file the record on appeal with the Clerk of the Law Court within 14 days after the date the petition is granted; (B) The appellant shall file the appendix to the briefs and both of the parties shall file their briefs within 14 days after the petition is granted; (C) Either party may file a reply brief within 14 days after service of the brief of the other party; (D) The record on appeal shall consist of the hearing officer’s docket sheet, all pleadings, transcripts of all proceedings, all exhibits, all evidence of which the hearing officer has taken judicial notice, and copies of the decision and findings of the hearing officer and the decision of the Board. (4) If after granting a petition for appellate review and after consideration of the briefs and any oral argument, the Law Court is of the opinion that the criteria stated in paragraph (b)(2) have not been met and that the petition was improvidently granted, the Law Court may dismiss the appeal.