§921 Review of Compensation Orders

Summary

A compensation order takes effect when it is filed with the deputy commissioner. It becomes final 30 days later unless someone starts a proper proceeding to suspend or set it aside. A five-member Benefits Review Board, picked by the Secretary, hears appeals from parties who raise important legal or factual questions about claims. The Secretary names a chairman who runs the Board. Three members make a quorum and at least three votes are needed to act. The Board must decide based on the hearing record, and facts found earlier are final if supported by substantial evidence. The Board can send a case back to the administrative law judge on its own or at the Secretary’s request, without needing the parties’ permission. The Secretary may temporarily add up to four Department of Labor administrative law judges for up to one year. The Board can use three-member panels (no more than one temporary member per panel); two panel members make a quorum and two votes are needed. A party can ask the full Board to review a panel decision within 30 days; a majority of the permanent members must agree to hear it. Temporary members get the same pay as regular members. Anyone hurt by a final Board order can ask the U.S. court of appeals for review within 60 days in the circuit where the injury happened. The court gets the record, and can affirm, change, or set aside the order and enforce it. Money awards are not put on hold during appeals unless the Board or the court orders a stay, and a stay can be granted only if the employer or carrier would suffer irreparable injury. If an employer refuses to follow a final order, a beneficiary or the deputy commissioner can ask the federal district court where the injury occurred (or the D.C. court if applicable) to enforce it. Proceedings to suspend, set aside, or enforce orders must follow the rules in this law and section 918.