The Dutra Group, Inc., et al. v. Kelly Zaradnik, et al.
Environmental SocialSecurity Securities Immigration
Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board
QUESTIONS PRESENTED 1. Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board under 33 U.S.C. § 921(b)(8), in accord with its implementing regulations (see 20 C.F.R. §§ 802.205, 802.207, 802. 208(b)), by imposing on parties notice of appeal requirements not otherwise required by statute or Board rules. 2. Whether appellate courts can expand their own limited jurisdiction under 33 U.S.C. § 921(c) by allowing parties under the Longshore and Harbor Workers’ Compensation Act and its extensions (see 20 C.F.R. § 802.101(b)(1)-(6)) to bypass agency review of the Benefits Review Board (see 20 U.S.C. § 921(b)(3)) and proceed on direct appeal to the appellate court. ii PARTIES TO THE PETITION Petitioners and Cross-Respondents Below e The Dutra Group, Incorporated e Enstar (US) Inc., d/b/a Enstar Administrators for Seabright Insurance Company Respondent and Cross-Petitioner Below e = Kelly Zaradnik Respondent and Party-in-Interest Below e Director, Office of Workers’ Compensation Programs, U.S. Department of Labor