Monday, November 15, 2010


In anticipation of the Employer filing a statement or brief ion appeal, now was the time to review the transcript once again, research the law and prepare a proposed reply statement (based upon the arguments that were made in the notice of appeal and in the transcript of the hearing) because the time limits for reply, etc. are strict. From Appeals Board Rule 463.1:

"(4) Upon written request, arrangements may be made to inspect the minutes of the administrative law judge hearing or to borrow the minutes for the purpose of making a copy thereof at the party's expense. The request to make such arrangements must be made within seven days from the date of the notice of receipt of appeal. In such event, the time to submit written statements, documents or briefs shall be 20 days from the date when that party is sent notice that the transcript is available for inspection or copying.

(5) If another party submits statements, documents or briefs on this appeal, you will receive copies and will have 12 days to reply in writing. The 12 days to reply is measured from the date when the copies were mailed to you. A party may submit a reply at only one time. Subsequent replies will be returned to the party."

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