ALJ Revolt?

Zawedde v. SOC, LLC/ Continental Insurance Company and Director, Office Of Workers’  Compensation Programs,  OALJ No.:  2021-LDA-05305 OWCP No.:  LS-02419372 (Oct.  1, 2028)

            What happens when an administrative law judge admonishes a superior court, the Benefits Review Board, for vacating and remanding a case because the ALJ dictated his reasons into the record?  We may soon find out. 

            ALJ Evan H. Nordby of the Office of Administrative Law Judges issued an opinion from the bench in this matter denying benefits to the claimant who sought to recover for an alleged psychological injury under the Longshore and Harbor Workers’ Compensation Act as extended y the Defense Base Act.

            ALJ Nordby issued a lengthy amended decision (18 single spaced pages) denying benefits on October 1, 2026 in which the judge essentially admonishes the BRB for is opinion vacating and remanding the matter back to the ALJ for detailed written findings of fact and conclusions of law. He then attached a transcript of his reasons to his decision.

            Will the claimant appeal again? If so, what will the BRB do? Will the Solicitor General become involved and make an appearance? Can the compensation of the ALJ be suspended until he complies with the order of the BRB?

            We would like to thank Jeff Briscow of the Brewster Law Firm, LLC for bringing this to our attention.

            A PDF copy of the ALJ’s amended decision is attached.