Comments/Notes on Adjudication Structure:
The Department of Labors Benefits Review Board (BRB) was created by Congress in 1972 to review appeals of administrative law judges decisions arising under the Black Lung Benefits Act, Title IV of the Coal Mine Health and Safety Act, 30 U.S.C. §901 et seq., and the Longshore and Harbor Workers Compensation Act, 33 U.S.C. §901 et seq., and its extensions, including the Outer Continental Shelf Lands Act, 43 U.S.C. §1331 et seq., the Defense Base Act, 42 U.S.C. §1651 et seq., and the Nonappropriated Fund Instrumentalities Act, 5 U.S.C. §8171 et seq. The Board has authority to resolve appeals under these statutes, filed by any party-in-interest, which raise a substantial question of law or fact, and it reviews the decisions of administrative law judges in order to determine whether the findings are supported by substantial evidence and are in accordance with law. The Boards decisions may be appealed to the U.S. Courts of Appeals in the circuit where the injury arose, and from there to the U.S. Supreme Court. The Board, by statute, consists of five Members appointed by the Secretary of Labor, one of whom is designated as Chairman and Chief Administrative Appeals Judge.
Regulations concerning the BRB's establishment, operation, and rules of practice and procedure are at 20 CFR Parts 801 and 802.
