Recent Cases - Green Sheet Controls and Necessity to Cross-Appeal

Workers' Compensation Appellate Commission

Green Sheet Controls and Necessity to Cross-Appeal

In Schroeder v T.J. Maxx, 2007 ACO #208, one of the questions presented was the employee’s argument that the Magistrate’s written opinion did not conform to the green sheet order. The Magistrate ordered the correct weekly benefit rate on the green sheet order, but his written decision recited a different weekly rate of compensation. The employer was allegedly using the lower incorrect rate to pay 70% benefits. The employee requested modification of the Magistrate’s opinion.

While affirming an open award, the Commission refused the modification the employee requested for two reasons. The Commission said that, first, the employee did not file a timely appeal or cross-appeal so as to legitimately challenge any aspect of the decision. Second, the Commission said the employer is obligated to pay the weekly benefits recited on the written green sheet order. The Commission said “[w]hen the green sheet order and the written opinion conflict, as they do here, there is no question that the green sheet order controls. Judges and magistrates speak through their orders, not through their written opinions.”

Therefore, the Commission said that, even if the employee had filed a timely appeal or cross-appeal, it would not modify the Magistrate’s written opinion because the green sheet order (with the correct rate) controls.