No. 22-1027

The Dutra Group, Inc., et al. v. Kelly Zaradnik, et al.

Lower Court: Ninth Circuit
Docketed: 2023-04-24
Status: Denied
Type: Paid
Tags: administrative-law agency-review appellate-jurisdiction benefits-review-board judicial-review longshore-and-harbor-workers-compensation-act notice-of-appeal statutory-interpretation workers-compensation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board

Question Presented (from Petition)

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

Docket Entries

2023-10-02
Petition DENIED.
2023-08-18
Reply of petitioners The Dutra Group, Inc., et al. filed. (Distributed)
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-06-23
Brief of Federal Respondents in opposition filed.
2023-05-23
Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2023.
2023-05-22
Motion to extend the time to file a response from May 24, 2023 to June 23, 2023, submitted to The Clerk.
2023-04-19

Attorneys

Director, Office of Workers' Compensation Programs
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
The Dutra Group, Inc., et al.
Barry Walter PonticelloEngland Ponticello & St.Clair, Petitioner
Barry Walter PonticelloEngland Ponticello & St.Clair, Petitioner