23-325. Judicial review of commission
decisions; scope of review; appeal procedure; action of reviewing
court
A. All questions of fact arising under this article, except as otherwise provided,
shall be decided by the commission, but there shall be the right of appeal from the
decision of the commission on any question of law or fact, and there shall be a right of
review by the superior court on any decision on a question of law or fact included or
embodied in a decision or order of the commission.
B. The review may be had by filing, within thirty days after the decision of the
commission, an action in the superior court of the county wherein the contract of
employment was entered. The commission shall be named defendant in the action. Summons
shall issue and be served as in civil actions. The county attorney of the county where
the action is filed shall represent the commission.
C. Within twenty days after the date of service of summons on the commission a
transcript of the evidence and testimony offered at the hearing shall be filed with the
clerk of the court, and the review shall be had upon the transcript offered and upon
other evidence. The review shall not stay the order of the commission until the order is
reversed, vacated or modified by the court.
D. Upon setting aside a decision of the commission, the court may recommit the
controversy and remand the record in the case for further proceedings.
E. Either party may appeal to the supreme court from the judgment in the time and
manner provided for appeals from superior courts in civil actions.
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