20 C.F.R. § 801.201

Composition of the Board

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(a) The Board shall be composed of five permanent members appointed by the Secretary from among individuals who are especially qualified to serve thereon. Each permanent member shall serve an indefinite term subject to the discretion of the Secretary.

(b) The member designated by the Secretary as Chairman of the Board shall serve as chief administrative officer of the Board and shall have the authority, as delegated by the Secretary, to exercise all administrative functions necessary to operate the Board.

(d) Upon application of the Chairman of the Board, the Secretary may designate up to four Department of Labor administrative law judges to serve as temporary Board members in addition to the five permanent Board members. Up to four such temporary members may serve at any one time. The term of any temporary Board member shall not exceed 1 year from date of appointment.

Notes of Decisions

Cited in 3 cases, 1983–1988 · leading case: Lewis Gibas v. Saginaw Mining Co. Dir., Off. of Workers' Comp. Programs & Benefits Review Bd., 748 F.2d 1112 (6th Cir. 1984).

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Lewis Gibas v. Saginaw Mining Co. Dir., Off. of Workers' Comp. Programs & Benefits Review Bd., 748 F.2d 1112 (6th Cir. 1984). “20 C.F.R. § 801.201 (1984). Board members are precluded from considering matters where a possible conflict of interest may be present.”

Kalaris v. Donovan, 697 F.2d 376 (D.C. Cir. 1983). · cites it 3× “20 C.F.R. § 801.201 (d) (1982). This regulation remained unchallenged for almost a decade.”

Mark G. Greenfield v. Volpe Constr. Co., Inc., Lumbermen's Mut. Cas. Co. & Dir., Owcp, U.S. Dept. Of Labor, 849 F.2d 635 (D.C. Cir. 1988). “…as against the Secre-tarjas opposing view since the Secretary has unrestricted power to remove the Board members. See 20 C.F.R. § 801.201 (d) (1987).”

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