§ Rule 1.101 Requisites for petition for review
Rule 1.101. Requisites for petition for review
The proceeding shall be commenced by filing a petition for review and payment of costs within the time prescribed in Rule 1.100(a). The following instruments shall be attached to the petition for review and to each of its copies:
1. A certified copy of the decision sought to be reviewed, and
2. If the proceeding is brought by the employer or employer's insurance carrier from a decision awarding benefits to claimant, a certificate by the Clerk of the Workers' Compensation Court stating that the party taking the appeal has on file an approved statutory bond. Smith v. State Industrial Court, Okl., 408 P.2d 317, 320. The certificate is required for the Clerk of the Supreme Court to accept the petition for filing.
On compliance with these requirements, the proceeding shall stand perfected and all parties to the proceeding in the tribunal as well as the Workers' Compensation Court shall beconsidered as parties to the appeal. Any defect in taking a proceeding, other than failure timely to file a petition for review or pay costs, must be disregarded unless a substantial right of the complaining party is affected, and no such defect, if correctable, shall result in dismissal of the appeal.
Adopted July 10, 1996
Effective January 1, 1997