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. § 802.405

Remand

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(a) By the Board. Where a case is remanded, such additional proceedings shall be initiated and such other action shall be taken as is directed by the Board.

(b) By a court. Where a case has been remanded by a court, the Board may proceed in accordance with the court's mandate to issue a decision or it may in turn remand the case to an administrative law judge or deputy commissioner with instructions to take such action as is ordered by the court and any additional necessary action.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1993–2022 · leading case: Mabel Samons v. Nat'l Mines Corp., 25 F.4th 455 (6th Cir. 2022).
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Mabel Samons v. Nat'l Mines Corp., 25 F.4th 455 (6th Cir. 2022). “20 C.F.R. § 802.405 (a). This discretionary statutory and regulatory text conflicts with Samons’s all-or- nothing proposition.”
E.P. Paup Co. v. Dir., Off. of Workers Comp. Programs, 999 F.2d 1341 (9th Cir. 1993). “See 20 C.F.R. § 802.405 (1984) (“Where a case is remanded such additional proceedings shall be initiated and such other action shall be taken as is directed by the Board.”
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