Commission Rule 8 CSR 20-3.030(5) regarding Briefing
All briefs (by any party) filed pursuant to 8 CSR 20-3.030 shall be subject to the following additional requirements.
- Be on paper of size 8 1/2 by 11 inches.
- Be on paper weighing not less than nine pounds to the ream.
- Be typed on one side of the paper.
- Have a left, right, bottom and top margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins.
- Have all pages consecutively numbered.
- Use characters throughout the briefs, including footnotes that are not smaller than 13 font, Times New Roman on Microsoft Word.
- Be double spaced, except the cover, if any, certificate of service and signature block may be single-spaced.
The brief of the Petitioner (Party who filed the application for review) shall not exceed thirty (30) pages. A Respondent’s brief shall not exceed 25 pages. A Reply brief is not required or suggested but if the Petitioner believes it is necessary to file a reply, it shall not exceed 8 pages. A reply brief must be filed within ten days of the receipt of the respondent’s brief. A cover sheet or index to the brief need not be counted in the page limitation but any attachments, exhibits or appendices to the brief will be considered as pages of the brief and subject to the page limitation for the entire brief. (Parties should note that the Commission file contains the award and decision of the administrative law judge along with a complete transcript of the record. It is unnecessary to attach any of these materials to the brief. Any other attachment would not be of record and not subject to consideration, which is limited to the record or transcript of the hearing.)
Any brief submitted which is not in compliance with the above may not be considered.
The brief of the party requesting application for review shall contain a fair and concise statement of facts without argument. The respondent may supplement the statement of facts if necessary. No jurisdictional statement is necessary unless jurisdiction is at issue.
(Parties are advised that recitations of basic legal principles of workers’ compensation law are not necessary and are discouraged. The Commission is aware of principles such as that the burden of proof is on the employee, the law is to be liberally interpreted in favor of the employee, and that the Commission may make its own determination of the facts, and credibility of the witnesses including experts.)
The briefs shall identify the issues in dispute and address those issues only. The briefs should state concisely the factual or legal support for the party’s positions. Lengthy recitation of facts or cases without identifying how they relate to the party’s position will not be considered.
Briefs of all parties should clearly outline and explain the issues in dispute and contain a conclusion in detail as to the decision, award or action requested from the Labor and Industrial Relations Commission.