Section 7-266. STANDARDS OF REVIEW

 

266.1The Board is not empowered to engage in a de novo proceeding or unrestricted review of a case brought before it, and is limited in its review to the record on appeal.

 

266.2In reviewing the compensation orders issued by the Administrative Hearings Division the Board is authorized to review the findings of fact and conclusions of law upon which the compensation order is based, however:

 

(a) the Board shall not disturb findings of fact contained in the compensation order under review that are supported by substantial evidence, and

 

(b) the Board shall affirm a compensation order that is based upon substantial evidence and is in accordance with the governing Act and other applicable laws and regulations

 

266.3In reviewing any other final order, other than a compensation order, issued by the Administrative Hearings Division from which appeal may be taken, the Board may set aside the final order where the Board determines that it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

 

266.4 In the review of final decisions issued by the Office of Workers' Compensation, the Board may set aside any decision that the Board determines is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

 

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).