Scheme Nickname: 
Labor ALJ + MSHA

Hearing conducted by administrative law judge with reviews or appeals conducted by the Assistant Secretary for Mine Safety and Health. These cases involve modification of the application of a mandatory safety standard under the Federal Mine Safety and Health Act.

Comments/Notes on Adjudication Structure: 
Review or appeal of ALJ decisions on compensation claims for employment injuries under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act (LHWCA) and its extensions (Outer Continental Shelf Lands Act, Defense Base Act, Non-Appropriated Fund Instrumentalities Act) is conducted by the Benefits Review Board. Under 29 CFR ยง 18.1101, hearings under these statutes follow the procedures of 20 CFR Parts 702 and 704 (LHWCA), or 725 (black lung), instead of 29 CFR Part 18. Review by the BRB follows the Rules of Practice and Procedure in 20 CFR Part 802.
Types of Adjudication: 
Type A
Verified by Agency: 
Not verified
Is this a Major Adjudication: