Section EMP.04.17 — Judicial Review

(a) Decisions of the ALJ may be appealed for review by the Stockbridge-Munsee Tribal Court, which will act as a court of review, not a fact-finding court.

(1) A party requesting judicial review must file a notice of appeal within 20 days of the decision by the ALJ.

(2) Parties must exhaust the dispute resolution procedure before a case can be appealed to the Tribal Court.

(b) Judicial Review Procedures.

(1) The appellant shall file a written statement describing the grounds of his or her appeal within 20 days of filing the notice of appeal.

(2) The responding party has 20 days from the filing of the appellant's brief to file a written reply to the appellant's statement.

(3) At its discretion, the Tribal Court may order that an oral hearing be held on the matter.

(4) All appellate decisions shall be accompanied by a written opinion, briefly stating the issues, as they appeared to the Tribal Court, and the basis for the decision.

(A) The Tribal Court may affirm the ALJ's decision, reverse the decision or remand the decision for appropriate action, including clarification of the facts.

(B) The Tribal Court does not have discretion to vary the amount of compensation or the permanent partial disability compensation schedule.

(C) The decision of the Tribal Court may not be appealed.

(c) The commencement of an action for review by the Stockbridge-Munsee Tribal Court shall not relieve the insurer or employer from paying compensation as directed by the ALJ.