Rule 76-5. Reservation of Question from Compensation Review Board

When, in any case arising under the provisions of this chapter, the Compensation Review Board is of the opinion that the decision involves principles of law which are not free from reasonable doubt and which public interest requires shall be determined by the Appellate Court, in order that a definite rule be established applicable to future cases, the Compensation Review Board may, on its own motion and without any agreement or act of the parties or their counsel, prepare a reservation request in the manner specified by Section 73-1 and deliver it to the appellate clerk and to all parties of record. The Appellate Court shall either preliminarily accept or decline the reservation request. The appellate clerk shall notify the Compensation Review Board and the parties of the decision or order on the reservation request. The Appellate Court may later reject the reservation if it should appear to have been improvidently granted. The Appellate Court may also request that the Compensation Review Board provide additional facts required for a decision upon the questions reserved and to clarify such questions when necessary. The plaintiff in the underlying workers' compensation matter shall be deemed the appellant, and the defendant in the underlying matter shall be deemed the appellee for purposes of these rules, unless otherwise ordered by the court.

Committee Notes

(Amended Sept. 16, 2015, to take effect Jan. 1, 2016.) (P.B. 1978-1997, Sec. 4165.5.) (Amended July 21, 1999, to take effect Jan. 1, 2000; amended Sept. 16, 2015, to take effect Jan. 1, 2016.)