20 CFR 802.301 - Scope of review

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601 practice notes
  • Ryan-Walsh Stevedoring Co., Inc. v. Trainer, RYAN-WALSH
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 10, 1979
    ...See Director, Office of Workers' Compensation Programs v. O'Keefe, 545 F.2d 337, 343 (3d Cir. 1976); 33 U.S.C. § 921(b)(3) (1976); 20 C.F.R. § 802.301 8 Respondent Director, Office of Workers' Compensation Programs, argues that Thompson v. Lawson, supra, rendered the Seaboard rule doubtful ......
  • Decker Coal Co. v. Pehringer, 20-71449
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 16, 2021
    ...U.S.C. § 932(a) (making § 921(b)(3) of the Longshore Act applicable to BLBA benefits claims). The BRB cannot accept new evidence. See 20 C.F.R. § 802.301. The Board reviews the ALJ's findings of fact for substantial evidence. See 33 U.S.C. § 921(b)(3); 20 C.F.R. § 802.301(a). But it cannot ......
  • Pearce v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 79-2257
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 8, 1981
    ...no authority to engage in a de novo proceeding or unrestricted review of a case brought before it. Its power of review is described in 20 C.F.R. § 802.301, as Subpart C Procedure for Review Action by the Board § 802.301 Scope of review The Benefits Review Board is not empowered to engage in......
  • Vineland Fireworks v. Bureau of Alcohol, Tobacco, No. 07-2381.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 10, 2008
    ...Act, the Benefits Review Board must review the hearing record for substantial evidence. See 33 U.S.C. § 921(b)(3); see also 20 C.F.R. § 802.301 (stating that the Benefits Review Board "is not empowered to engage in a de novo proceeding" but must instead conduct a review for substantial evid......
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594 cases
  • Decker Coal Co. v. Pehringer, 20-71449
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 16, 2021
    ...U.S.C. § 932(a) (making § 921(b)(3) of the Longshore Act applicable to BLBA benefits claims). The BRB cannot accept new evidence. See 20 C.F.R. § 802.301. The Board reviews the ALJ's findings of fact for substantial evidence. See 33 U.S.C. § 921(b)(3); 20 C.F.R. § 802.301(a). But it cannot ......
  • Pearce v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 79-2257
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 8, 1981
    ...no authority to engage in a de novo proceeding or unrestricted review of a case brought before it. Its power of review is described in 20 C.F.R. § 802.301, as Subpart C Procedure for Review Action by the Board § 802.301 Scope of review The Benefits Review Board is not empowered to engage in......
  • Kalaris v. Donovan, Nos. 82-1631
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 4, 1983
    ...if their decisions are supported by substantial evidence and are in accordance with law. 16 33 U.S.C. Sec. 921(b)(3) (1976); see 20 C.F.R. Sec. 802.301 (1982). The Board thus performs a review function identical to that which the District Courts performed prior to the 1972 amendments. 17 Th......
  • Arch Coal, Inc. v. Hugler, Civil Action No. 16–669 (JDB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 16, 2017
    ...Review Board then reviews de novo the ALJ's legal determinations and reviews for substantial evidence the ALJ's findings of fact. 20 C.F.R. § 802.301(a) ; Pyro Mining , 879 F.2d at 191.Hence, a District Director's determination—mandated by the Bulletin—does not have the force of law in dete......
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