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In response to our
firm’s Public Information request, the Division has produced its records of
activity by the Appeals Panel during 2021. In this past year, the panel has
resolved 2,108 appeals, up 132 cases over the 1,976 appeals resolved in 2020.
Lest you wonder how six judges could possibly handle and resolve so many
appeals, let us look a bit closer at the numbers.
Of those 2,108 appeals resolved, 2,005 became final by operation of law as a
result of the Appeals Panel taking no action and allowing the ALJ’s Decision
and Order to become the final decision of the Division.
Using a calculator so as not to rely solely on our imperfect math skills, we
note that the Appeals Panel wrote decisions in only 103 cases, up significantly
from the 60 decisions written in 2020, but still an average of only two
decisions per week.
Of those 103 Appeals Panel Decisions, eight affirmed all issues and 95 reversed
and/or remanded issues back to the ALJ. So, in 2021, the odds that the panel
would reverse or remand any given Decision and Order were about 4.5%, up from
1.97% the previous year.
Copyright 2022, Stone Loughlin & Swanson, LLP