(2) venue (the county where the case is heard); or
(3) compensability, provided that the order expressly finds an injury occurred within the scope and course of employment and that the claimant is entitled to receive causally related benefits in some amount, and provided further that the lower tribunal certifies in the order that determination of the exact nature and amount of benefits due to the claimant will require substantial expense and time.
The procedures in non-final workers’ compensation appeals differ from civil non-final appeals in several important ways. The notice of appeal, already outlined above, must also include a brief summary of the types of benefits affected by the order. It must also include a statement setting forth the time frames involved. Such a statement could be, for example: “I hereby certify that this appeal affects only the following periods and classifications of benefits and medical treatment,” followed by a list of the benefits and time periods involved in the appeal. Such benefits may be withheld pending the outcome of the appeal. Within 15 days after filing the notice of appeal, the appellant must file the initial brief with the court, and serve a copy on each of the other parties. The brief must be accompanied by an appendix that contains the order to be reviewed, along with any other documents or transcripts which were filed in the lower tribunal and which would be helpful to the appellate court in understanding the case on appeal. See also Chapter 17, Workers’ Compensation Appeals; Chapter 3, Pulling Together the Record on Appeal.
