C.F.R. » Title 20 » CHAPTER VII—BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR › PART 802—RULES OF PRACTICE AND PROCEDURE › Subpart D—Completion of Board Review

20 C.F.R. § 802.404

Scope and content of Board decisions

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(a) In its decision the Board shall affirm, modify, vacate or reverse the decision or order appealed from, and may remand the case for action or proceedings consistent with the decision of the Board. The consent of the parties shall not be a prerequisite to a remand ordered by the Board.

(b) In appropriate cases, such as where the issues raised on appeal have been thoroughly discussed and disposed of in prior cases by the Board or the courts, or where the findings of fact and conclusions of law are both correct and adequately discussed, the Board in its discretion may issue a brief, summary decision in writing, disposing of the appeal.

(c) In cases which cannot be disposed of as in paragraph (b) of this section, a full, written decision discussing the issues and applicable law shall be issued.

Notes of Decisions
Cited in 3 cases, 1981–2014 · leading case: Old Ben Coal Co. v. Mary E. Prewitt, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 755 F.2d 588 (7th Cir. 1985).
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Old Ben Coal Co. v. Mary E. Prewitt, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 755 F.2d 588 (7th Cir. 1985). “In this case, the Board issued a full written opinion, as it is authorized to do when summary disposition is not appropriate, 20 C.F.R. § 802.404 (c). That four-page order sets forth the Board’s review of the evidence and its reasons for concluding that the AU’s determinations…”
Consolidation Coal Co. v. Lorene Maynes, 739 F.3d 323 (6th Cir. 2014). “20 C.F.R. § 802.404 (a). The Board also has general discretion to consider issues not raised by the parties where doing so is “necessary to reach the correct result.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Joaquin Gurule, 653 F.2d 1368 (10th Cir. 1981). “and 20 CFR § 802.404 (a) states that: (a) In its decision the Board shall affirm, modify, or set aside the decision or order appealed from, and may remand the case for action or proceedings consistent with the decision of the Board.”
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