Cross Appeal Policy

Parties wishing to cross appeal must file a Cross Claim for Review on the WC-262 Claim for Review form, clearly labeled "cross" at the top. The cross appeal must be filed no sooner than receipt of the appealing party's brief and no later than 30 days after that brief is received. The filer must certify the date the appealing party's brief was received, or it will be rebuttably presumed to have been received on the same date the Commission received it. Delayed cross appeals will not be accepted. An extension of time in which to file a reply brief does not extend the time in which to file a cross appeal. R 418.65, Rule 5.

The cross-appealing party's brief is also due 30 days after the transcript and the appealing party's brief is received. Rule 418.67(3), Rule 7(3).

An optional reply brief may be filed not later than 30 days after the cross-appellant's brief is received. Again, the filer must certify the date the appealing party's brief was received, or it will be rebuttably presumed to have been received on the same date the Commission received it. R418.67(4), Rule 7(4).

Cross appeals are derivative; if the appeal is withdrawn or dismissed, the cross appeal is extinguished. R 418.65(4), Rule 5(4).