(1) 
What Can Be Protested. Any order, decision, or award made by the Claims Administrator can be protested to the Workers’ Compensation Committee after exhaustion of administrative appeals to the Claims Administrator. Whenever such an order, decision, or award is made, the employee, beneficiary, employer, and any other person affected by the decision shall be sent a copy of the decision by mail.
(a) 
Exhaustion of Administrative Appeals. Decisions of the Claims Administrator must be appealed within 15 days. If the administrative appeals process extends beyond 90 days from the time of filing, any benefits suspended during the pendency of the administrative appeals shall be reinstated from that date forward until the Claims Administrator issues a final decision.
(2) 
Procedure for Protest.
(a) 
Notice of Protest. Any employee, beneficiary, employer, or other person aggrieved by an order, decision, or award as initially made by the Claims Administrator must file a notice of protest with the Workers’ Compensation Committee within 15 days after receipt of the Claims Administrator’s final decision following exhaustion of administrative appeals. Such notice of protest need be in no particular form, but must be in writing. Any additional evidence, proof, or claim shall be submitted along with the notice of protest. A notice of protest is barred if it is not timely filed.
(b) 
Workers’ Compensation Committee Decision. The protest shall be considered by the Workers’ Compensation Committee, and a decision shall be rendered within 30 days of receipt of the notice of protest and additional evidence. The Workers’ Compensation Committee shall hold no hearing, but shall review the matter on the basis of the claim files and records. The Committee may also seek opinions from outside physicians, if necessary, and consider any supplementary materials submitted by the protestor. The written decision shall be sent to the protestor by mail.
(c) 
Scope of Decision. The Workers’ Compensation Committee has the power to approve, deny, or modify any order, decision, or award of the Claims Administrator upon protest.
(Ord. 108 § 108.5.1, 10-6-2006 (Res. 2006-312))
(1) 
Tribal Court Appeal. Any employee, beneficiary, employer, or other person aggrieved by the protest decision of the Workers’ Compensation Committee shall have the right to appeal that determination to the Tribal Court.
(2) 
Procedures for Appeal.
(a) 
Notice of Appeal. A Notice of Appeal must be filed within 30 days from the receipt of the written decision from the Workers’ Compensation Committee. Such notice must be filed with the Tribal Court and copies must be served either personally or by certified mail, return receipt requested, upon the Claims Administrator and Workers’ Compensation Committee.
(b) 
Contents of Notice. The Notice of Appeal must set forth in full detail the grounds upon which the appealing party considers the decision of the Workers’ Compensation Committee unjust or unlawful. The notice must include every issue to be considered by the Court. The appellant will be deemed to have waived all objections to irregularities concerning the matter on which such appeal is taken other than those specifically set forth in the Notice of Appeal.
(c) 
Administrator’s Record. The Claims Administrator shall transmit their original records, or legible copies certified as to their accuracy, to the Tribal Court within 10 days of receiving Notice of Appeal to the Tribal Court.
(d) 
Committee’s Record. The Workers’ Compensation Committee shall submit their original records, or legible copies certified by the Chairman as to their accuracy, to the Tribal Court within 10 days of receiving Notice of Appeal to the Tribal Court.
(e) 
Hearing. The Court will schedule a hearing to take place no later than 30 days from receipt of the Notice of Appeal. The Court Clerk will send notice of the time, date, and location of the hearing to the parties.
(f) 
Bond. No bond will be required on appeal to the Tribal Court.
(g) 
No Stay of Award. The commencement of an action for review by the Tulalip Court does not relieve the employer from payment of compensation as directed by the Workers’ Compensation Committee. If the Committee’s decision is overturned, then repayment will be governed by TTC § 9.15.420.
(3) 
Proceedings in Tribal Court.
(a) 
Rules. The Tribal Court’s rules of civil procedure will govern any appeal to the Tribal Court, except where they conflict with the specific procedures herein.
(b) 
Evidence.
(i) 
Only such issues of law or fact that were properly included in the Notice of Appeal shall be heard by the Court. The Trial Court will review the case anew, but only on the basis of the evidence or testimony submitted in connection with the protest to the Workers’ Compensation Committee or contained in the Committee’s record filed in the Court. The Court may not receive new testimony, except as provided for in subsection (3)(b)(ii) of this section.
(ii) 
In cases of alleged procedural irregularities not shown in the record, the Court may take testimony from witnesses.
(c) 
Standards. In all Court proceedings under this chapter, the findings and decisions of the Workers’ Compensation Committee shall be considered correct on their face and the employee will have the burden of proving their case. If the Court determines that the Committee has correctly construed the law and found the facts, the decision of the Committee will be confirmed. Otherwise, the decision of the Committee will be reversed or modified. Where the Court modifies the Committee’s decision, the Court will remand to the Committee for further proceedings in accordance with the Court’s findings. However, the Court cannot remand for an award higher than that set out in the schedule of compensation provided for in this chapter.
(d) 
Decision. All Tribal Court decisions will be in writing, stating the issues as they appeared to the Court and the basis of the Court’s decision. Copies of the decision will be sent to all parties to the appeal. The Court will issue its decision within 30 days of the hearing. Decisions of the Tribal Court may not be appealed.
(Ord. 108 § 108.5.2, (Res. 2006-312))
After appeal to the Tribal Court from the decision of the Workers’ Compensation Committee, a reasonable fee for the services of the prevailing party’s attorney may be fixed by the Court.
(Ord. 108 § 108.5.2, 10-6-2006 (Res. 2006-312))