Section 7-267. DECISION OF THE REVIEW PANEL

 

267.1The designated Review Panel shall dispose of the matter under review, utilizing the standards of review contained in section 266 of this Chapter, by issuing a decision:

 

(a)affirming the compensation order or final decision;

 

(b)reversing it in whole or in part;

 

(c)amending the compensation order or final decision based on the Review Panel's findings; or

 

(d) remanding the case to the issuing Administrative Law Judge or claims examiner for further action as is warranted including, inter alia, further hearing and evidentiary development, additional findings of fact or conclusions of law, and the issuance of a new compensation order on remand.

 

267.2If a substantial question of law or fact prevents the Review Panel from affirming the compensation order, decision or award under review, the Review Panel may order that it be set aside and remand the case for additional proceedings based upon specific findings of deficiencies in the compensation order, decision or award.

 

267.3In appropriate cases, such as where the issues raised on appeal have been thoroughly discussed and disposed of in prior cases by the Board or the courts, or where the findings of fact and conclusions of law are both correct and adequately discussed in the compensation order under review, the Board in its discretion may issue a brief, summary written decision disposing of the appeal and/or adopting the compensation order under review.

 

267.4In cases which cannot be disposed of in a summary manner, the Review Panel shall issue a written order which shall fully discuss the legal and factual basis for the decision.

 

267.5The Review Panel shall only issue an amended compensation order where a remand to the Administrative Hearings Division or the Office of Workers' Compensation would be unnecessary (e.g. where there is but one action that the Review Panel decision would permit), and thus remand would be superfluous.

 

267.6The Decision and Order of the Review Panel shall be final upon its issuance and shall constitute the final decision of the Board.

 

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).