20 C.F.R. § 801.402
Representation of Board in court proceedings
Except in proceedings in the Supreme Court of the United States, any representation of the Benefits Review Board in court proceedings shall be by attorneys designated by the Solicitor of Labor.
Notes of Decisions
Cited in 3
cases, 1976–1985 · leading case: Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Albert Brodka, 643 F.2d 159 (3rd Cir. 1981).
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Albert Brodka, 643 F.2d 159 (3rd Cir. 1981). “The deputy commissioner will not be an adverse party in that appeal any more than the Benefits Review Board— which is also generally represented in court proceedings by attorneys designated by the Solicitor of Labor, 20 C.F.R. § 801.402 (1980) — is an adverse party in this…”
Armand Pavesi v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 758 F.2d 956 (3rd Cir. 1985). “We see no barrier to the Director's appeal of an order of the deputy commissioner arising from the circumstance that both are represented by the Solicitor of Labor. The deputy commissioner will not be an adverse party in that appeal any more than the Benefits Review Board —…”
Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35 (2d Cir. 1976). “20 C.F.R. § 801.402 seems to contemplate that the BRB is the proper agency respondent in court of appeals review, since it provides that “except in proceedings in the Supreme Court” the representation of the BRB is provided by the Solicitor of Labor.”
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