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If a meeting under YTC 5.65.100 fails to resolve the issue or an employee or dependent disagrees with a decision made by the administrator, the claimant may file a written request for a hearing before the Appeal Board or single arbitrator within 30 days of employee’s receipt of the administrator’s written decision subsequent to the informal dispute resolution.

(a) Independent Appeal Board.

(1) The Council will appoint three independent individuals to act as an Appeal Board to hear any issues and make any necessary final determinations relative to compensability of a work injury, medical care or charges, extent of disability, dependency, or any other issue that may arise under this chapter.

(2) The members of the Appeal Board will include one member selected by the Tribal Council, one member selected by the employee of the casino and one other member approved by the first two members and Council. All members shall maintain high moral standards and understand and respect Tribal values.

(b) Alternative to Independent Appeal Board.

(1) In lieu of a three-member Appeal Board, the Council may appoint a single arbitrator who is an attorney at law with not less than five years’ experience or an arbitrator with a nationally recognized dispute resolution organization. If a single arbitrator is appointed, he or she shall have no prior business or financial relationship with the Tribe, any of its political or economic subdivisions or enterprises, the Tribe’s insurer, or the employee, or any other relationship with a party to a proceeding which might tend to compromise the arbitrator’s impartiality.

(c) The hearing will be scheduled before the Appeals Board or single arbitrator within 90 days of receipt of the written request for a hearing from the employee or dependent, or as soon thereafter as practicable. The employee or dependent may request in writing one extension of the initial hearing date of up to 90 days, which must be granted by the Appeals Board or single arbitrator. [Ord. 47 § 1202, adopted, 11/10/2016.]