Filing a Notice of Appeal by Fax

May I file a Notice of Appeal by fax?

As of August 1, 2006, you may appeal a compensation judge’s decision to the Workers’ Compensation Court of Appeals by fax. You may either continue to file an appeal by sending an original notice as previously set out in Minn. Stat. § 176.421, subd. 4, or file your Notice of Appeal by fax.

How do I file the Notice of Appeal by fax?

You may file your Notice of Appeal to the Workers’ Compensation Court of Appeals with the Chief Administrative Law Judge at the Office of Administrative Hearings (OAH) by sending it to fax number 651-361-7936. (Please do not file a Notice of Appeal with our Duluth office.) The notice must be received by 4:30 p.m. on the day the filing is due. (Faxes received after 4:30 p.m. are considered filed on the next business day.) The statute requires that the notice must also be received by the Commissioner of Labor and Industry before the deadline. The Commissioner’s fax number for appeals is 651-284-5731. OAH would appreciate also receiving a copy of the $25 filing fee check with the faxed notice. The original filing fee check must be received by OAH within 10 business days after the end of the appeal period.

What if the fax number is busy?

To ensure a timely filing, do not wait until the last minute to file your appeal. Please do NOT file a Notice of Appeal by faxing the OAH Duluth office. If you are having a problem with transmission, call LeeAnn Shymanski at OAH for assistance at 651-361-7832.

Will I receive a confirmation the Notice of Appeal was received?

You may wish to retain the fax transmission report as proof of your filing. OAH will send an acknowledgement of appeal by mail after the filing fee is received.

What do I do with the original notice?

The filing party retains the original Notice of Appeal. Only the faxed copy is sent to OAH and the Department of Labor and Industry.

Who owes a filing fee?

Please note that the 2006 amendment to Minn. Stat. § 176.421, subd. 4 clarifies that EACH appellant and cross-appellant owes a $25 filing fee.