Section 7-264. SUBMISSION OF ADDITIONAL EVIDENCE

 

264.1Where a party requests leave to adduce additional evidence the party must establish:

 

(a)that the additional evidence is material, and

 

(b) that there existed reasonable grounds for the failure to present the evidence while the case was before the Administrative Hearings Division or the Office of Workers' Compensation (depending on which authority issued the compensation order from which appeal was taken).

 

264.2Where a party satisfies the requirements of subsections 264.1(a) and (b), the Review Panel to which the appeal is assigned, at its sole discretion, may remand the case to Administrative. Hearings Division or the Office of Workers' Compensation for such further proceedings as the presiding Administrative Law Judge or claims examiner deems necessary.

 

264.3Upon remand pursuant to subsection 264.2 of this Chapter, and receipt of the additional evidence, the presiding Administrative Law Judge or claims examiner may make such modification to the original compensation order as the additional evidence warrants.

 

264.4Where an Administrative Law Judge or claims examiner issues a new or modified compensation order following remand under subsection 264.2, the Review Panel may reject the compensation order.

 

264.5A party may either apply to the Board for review of the new or modified compensation order (or the Panel's decision to reject the compensation order) or request reinstatement of the party's originally-filed Application for Review.

 

264.6Any request for reinstatement must be filed within thirty (30) calendar days of the Administrative Law Judge's or claims examiner's decision on remand, in the manner provided by section 258 for the review of an initial compensation order.

 

source

Notice of Emergency and Proposed Rulemaking published at 52 DCR 8405 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11093 (December 23, 2005).