)-part-one (last visited Mar.
Recommendation: To improve the effectiveness of the Black Lung Benefits Program, the Secretary of Labor should evaluate and report on claimant access to legal and lay representation by implementing changes to the data management systems of Office of Workers' Compensation Programs (OWCP), OALJ
, and BRB that will permit accurate data about claimant representation throughout the claims and appeals process.
(144) Unfortunately, OSHA and the OALJ refuse to release data that could provide insight into this issue: the amount paid in settlement costs.
In addition to clarifying the Act's substantive protections, Congress also could require OSHA and the OALJ to provide employees more information on the Act's protections and consequences prior to blowing the whistle.
Currently, OSHA and the OALJ maintain and publish information related to Sarbanes-Oxley complaints under surprisingly different standards and policies.
Timeliness data at the OALJ
level are reliable, and the OALJ
completed appealed cases in an average of about 9 months in fiscal year 2007.
(B) failure to adhere to the applicable rules of conduct for the jurisdiction(s) in which the attorney is admitted to practice in any proceeding before OALJ
Amendments to the OALJ rules occurred in 1994 to eliminate the routine filing of documents relating to discovery and to modify regulations requiring filing or service of documents.
Currently, the OALJ Rules do not provide clear-cut direction as to when a litigant may rely on the Federal Rules of Civil Procedure.
Section 18.34 of the Rules of Practice and Procedure Before the Office of Administrative Law Judges permits any attorney admitted to any state or federal jurisdiction to practice before the OALJ. (1) Section 18.36 of the Rules provides that "all persons appearing in proceedings before an administrative law judge are expected to act with integrity, and in an ethical manner." (2) Nevertheless, the Rules of Practice and Procedure do not delineate what constitutes ethical conduct.
The Benefits Review Board suggests that the Rules of Professional Conduct of the state in which an attorney is admitted to practice law should apply in matters before the OALJ. (4) In Baroumes v.
(127) And the requirement to raise Section 8(f) relief with the district director before the case is referred to OALJ
for hearing applies where the issue of the claimant's permanency arises in the context of the claimant's petition for modification of a prior order.