Section EMP.04.11 — Dispute Resolution

(a) Controversies between the worker, the employer, or the insurer over the compensation determination may be submitted for dispute resolution.

(b) Dispute resolution under the Ordinance will be done by an Administrative Law Judge (ALJ).

(1) The ALJ shall be a licensed attorney who is not a current employee of the Stockbridge-Munsee Community.

(2) The ALJ shall be appointed by the Stockbridge-Munsee Tribal Council on either a case-by-case basis or for a term not to exceed two years and may be renewed for subsequent terms. If appointment is for a term, the ALJ may only be removed for cause from this appointment, prior to the end of the term, by the Tribal Council.

(3) The ALJ shall receive appropriate compensation for services provided under this Ordinance.

(c) Dispute resolution duties and authority.

(1) The ALJ will assess the record and other evidence presented and make a decision regarding controversies over initial worker's compensation decisions.

(2) The ALJ may require the insurer to accelerate payments so that the worker or the worker's beneficiaries receive a lump-sum payout of worker's compensation benefits, if the ALJ finds that there is good cause for such a payout.

(3) The ALJ may make a general review of the compensation amount, but may not deviate from the scheduled amounts by more than five (5) percent.

(d) The interested parties, for all controversies subject to dispute resolution, are the worker or the worker's beneficiaries, the employer and the insurer. All of the interested parties may participate in dispute resolution regarding a controversy between two of the interested parties.