Nat. Steel v. Director, Off. of Workers' Comp

5 Citing cases

  1. The Dutra Grp. v. Zaradnik

    No. 21-71411 (9th Cir. Jan. 20, 2023)

    Where there is a remand to the Administrative Law Judge ("ALJ") for resolution of specified issues, an aggrieved party may file a petition for review in the court of appeals after the Board issues a final order following the ALJ's resolution of the remanded issues. See Rhine v. Stevedoring Servs. of Am., 596 F.3d 1161, 1165 (9th Cir. 2010); see also Nat'l Steel &Shipbuilding Co., Inc. v. Dir., Off. of Workers' Comp. Programs ("McGregor"), 703 F.2d 417, 419 n.3 (9th Cir. 1983). So here, after the ALJ issued its order resolving the issues on remand, Dutra could have preserved its ability to obtain judicial review of the Board's 2016 order by timely obtaining a final order from the Board.

  2. Elliot Coal Mining Co. v. Director, Office of Workers' Compensation Programs

    956 F.2d 448 (3d Cir. 1992)   Cited 1 times
    Holding that 33 U.S.C.A. ยง 921(c) does not grant court of appeals jurisdiction to review final order of ALJ upon which Board has not yet passed

    There is no statutory authority under the Black Lung Benefits Act for review by a federal court of appeals of an order of an Administrative Law Judge. Petitioner, citing National Steel Shipbuilding v. Director, OWCP, 703 F.2d 417 (9th Cir. 1983), asks us to accept jurisdiction. In that case, the United States Court of Appeals for the Ninth Circuit accepted jurisdiction over an employer's appeal from an ALJ's decision on remand on the ground that an appeal to the Benefits Review Board would have been futile, because the Board was bound by its prior decision as law of the case.

  3. Total Terminals Int'l v. Dir., Office of Worker's Comp. Programs

    No. 23-179 (9th Cir. Oct. 11, 2024)

    Lab., 703 F.2d 417, 418 (9th Cir. 1983)

  4. SSA Marine v. Lopez

    377 F. App'x 640 (9th Cir. 2010)

    None of the issues before this court are affected by the ALJ's decision on remand, and the BRB would have had no basis for altering its first decision if Petitioners had appealed the ALJ's second decision to the BRB. See Nail Steel Shipbuilding Co. v. Dir., Office of Workers' Comp. Programs, U.S. Dep't of Labor (McGregor II), 703 F.2d 417, 418-19 (9th Cir. 1983). On appeal, SSA contends that the BRB erred in affirming: (1) the ALJ's award of pre-controversion attorney fees against SSA; (2) the ALJ's finding that SSA was the last responsible employer; and (3) the ALJ's finding that Lopez's notice of injury was timely and that, even if notice were untimely, SSA was not prejudiced by Lopez's failure to provide timely notice.

  5. Aubrey v. Director, Office of Worker's Compensation Programs, United States Department of Labor

    916 F.2d 451 (8th Cir. 1990)   Cited 2 times

    The Ninth Circuit has held that under certain circumstances, direct appeal may be taken to a circuit court from an ALJ's order on remand. See National Steel Shipbuilding Co. v. Director, 703 F.2d 417, 418-19 (9th Cir. 1983) (direct appeal to circuit court proper where circumstances rendered second appeal to BRB futile and BRB's summary affirmance would have been purely ministerial act). Even if we were to adopt the Ninth Circuit's position, we do not believe that the circumstances of this case rendered a second appeal to the BRB futile.