D.C. Mun. Regs. tit. 7, r. 7-258

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-258 - APPLICATION FOR REVIEW

258.1

Any party adversely affected or aggrieved by a compensation order or final decision issued by the Administrative Hearings Division or the Office of Workers' Compensation may appeal the compensation order or final decision to the Board by filing an Application for Review pursuant to this section. The party filing the Application for Review shall be designated as the "petitioner" for purposes of proceedings before the Board on appeal.

258.2

An Application for Review must be filed within thirty (30) calendar days from the date shown on the certificate of service of the compensation order or final decision from which appeal is taken.

258.3

An Application for Review must include the following:

(a) An original and three (3) copies of the Application for Review, and

(b) an original and three (3) copies of a supporting memorandum of points and authorities setting forth the legal and factual basis for requesting review.

258.4

The Application for Review shall also:

(a) identify the compensation order or final decision from which the petitioner appeals;

(b) state whether the compensation order or final decision was issued by the Office of Workers' Compensation or the Administrative Hearings Division; and

(c) include, by way of attachment to the Application for Review, a copy of the compensation order or final decision appealed.

258.5

When the petitioner files the Application for Review with the Clerk of the Board the Clerk shall issue a Notice of Application for Review and serve it on all parties. This Notice shall inform the parties of the filing of the Application, of the time period prescribed for filing pleadings in response thereto, and of such additional information as the Clerk may deem warranted.

258.6

At the same time that the petitioner files the Application for Review and supporting memorandum with the Board, the petitioner shall:

(a) serve a copy, by mail or personal delivery, copies of same upon the opposing party(ies), who shall be designated the "respondent(s)" for purposes of proceedings before the Board on appeal;

(b) serve a copy on either the Administrative Hearings Division or the Office of Workers' Compensation, depending upon which office issued the compensation order or final decision from which the appeal is taken; and,

(c) file with the Board certification that such service required by this section was effected.

258.7

A party adverse to the Application for Review may file a response in opposition. The party filing the opposition shall be designated as the "respondent" for purposes of proceedings before the Board on appeal.

258.8

Any response in opposition must be filed with the Clerk of the Board within fifteen (15) calendar days from the date of filing of the Application for Review.

258.9

The response in opposition to the Application for Review must include an original and three (3) copies. An additional copy of the response shall be served, by mail or personal delivery, upon the petitioner.

258.10

Within five (5) calendar days of receipt of a memorandum filed in opposition to an Application for Review, the petitioner may file a reply memorandum (original and three copies) with the Board, and serve copy of same upon the respondent. No further submissions by the parties shall be permitted, unless requested by the Review Panel to which the appeal is assigned or as provided under section 258.11 dealing with a cross- appeal.

258.11

If the Board receives a timely Application for Review, any other party may initiate a cross-appeal by filing, with the Clerk of the Board, a Notice of Cross-Appeal within seven (7) calendar days of the receipt of the Application for Review, or within the time prescribed by section 258.8, whichever period last expires.

258.12

The Notice of Cross-Appeal shall include an original and three copies of an accompanying memorandum of points and authorities in support of the Cross-Appeal and shall be served upon the petitioner.

258.13

The petitioner shall have five (5) calendar days from the date of service to file with the Clerk of the Board, a memorandum of points and authorities in opposition thereto.

258.14

No further pleadings or other submissions with regard to the cross-appeal shall be allowed.

D.C. Mun. Regs. tit. 7, r. 7-258

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)