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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 7. EMPLOYMENT BENEFITS |
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Chapter 7-2. PRIVATE SECTOR WORKERS' COMPENSATION PROGRAM |
Section 7-258. APPLICATION FOR REVIEW
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258.1Any party adversely affected or aggrieved by a compensation order or final decision issued by the Administrative Hearings Division or the Office of Workers' Compensation may appeal the compensation order or final decision to the Board by filing an Application for Review pursuant to this section. The party filing the Application for Review shall be designated as the "petitioner" for purposes of proceedings before the Board on appeal.
258.2An Application for Review must be filed within thirty (30) calendar days from the date shown on the certificate of service of the compensation order or final decision from which appeal is taken.
258.3An Application for Review must include the following:
(a)An original and three (3) copies of the Application for Review, and
(b)an original and three (3) copies of a supporting memorandum of points and authorities setting forth the legal and factual basis for requesting review.
258.4The Application for Review shall also:
(a)identify the compensation order or final decision from which the petitioner appeals;
(b)state whether the compensation order or final decision was issued by the Office of Workers' Compensation or the Administrative Hearings Division; and
(c)include, by way of attachment to the Application for Review, a copy of the compensation order or final decision appealed.
258.5When the petitioner files the Application for Review with the Clerk of the Board the Clerk shall issue a Notice of Application for Review and serve it on all parties. This Notice shall inform the parties of the filing of the Application, of the time period prescribed for filing pleadings in response thereto, and of such additional information as the Clerk may deem warranted.
258.6At the same time that the petitioner files the Application for Review and supporting memorandum with the Board, the petitioner shall:
(a)serve a copy, by mail or personal delivery, copies of same upon the opposing party(ies), who shall be designated the "respondent(s)" for purposes of proceedings before the Board on appeal;
(b)serve a copy on either the Administrative Hearings Division or the Office of Workers' Compensation, depending upon which office issued the compensation order or final decision from which the appeal is taken; and,
(c)file with the Board certification that such service required by this section was effected.
258.7A party adverse to the Application for Review may file a response in opposition. The party filing the opposition shall be designated as the "respondent" for purposes of proceedings before the Board on appeal.
258.8Any response in opposition must be filed with the Clerk of the Board within fifteen (15) calendar days from the date of filing of the Application for Review.
258.9The response in opposition to the Application for Review must include an original and three (3) copies. An additional copy of the response shall be served, by mail or personal delivery, upon the petitioner.
258.10Within five (5) calendar days of receipt of a memorandum filed in opposition to an Application for Review, the petitioner may file a reply memorandum (original and three copies) with the Board, and serve copy of same upon the respondent. No further submissions by the parties shall be permitted, unless requested by the Review Panel to which the appeal is assigned or as provided under section 258.11 dealing with a cross- appeal.
258.11If the Board receives a timely Application for Review, any other party may initiate a cross-appeal by filing, with the Clerk of the Board, a Notice of Cross-Appeal within seven (7) calendar days of the receipt of the Application for Review, or within the time prescribed by section 258.8, whichever period last expires.
258.12The Notice of Cross-Appeal shall include an original and three copies of an accompanying memorandum of points and authorities in support of the Cross-Appeal and shall be served upon the petitioner.
258.13The petitioner shall have five (5) calendar days from the date of service to file with the Clerk of the Board, a memorandum of points and authorities in opposition thereto.
258.14No further pleadings or other submissions with regard to the cross-appeal shall be allowed.