C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart F—Hearings

20 C.F.R. § 725.479

Finality of decisions and orders

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(a) A decision and order shall become effective when filed in the office of the district director (see § 725.478), and unless proceedings for suspension or setting aside of such order are instituted within 30 days of such filing, the order shall become final at the expiration of the 30th day after such filing (see § 725.481).

(b) Any party may, within 30 days after the filing of a decision and order under § 725.478, request a reconsideration of such decision and order by the administrative law judge. The procedures to be followed in the reconsideration of a decision and order shall be determined by the administrative law judge.

(c) The time for appeal to the Benefits Review Board shall be suspended during the consideration of a request for reconsideration. After the administrative law judge has issued and filed a denial of the request for reconsideration, or a revised decision and order in accordance with this part, any dissatisfied party shall have 30 days within which to institute proceedings to set aside the decision and order on reconsideration.

(d) Regardless of any defect in service, actual receipt of the decision is sufficient to commence the 30-day period for requesting reconsideration or appealing the decision.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1983–2023 · leading case: K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023).
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K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). · cites it 2× “§ 557 (b); 20 C.F.R. § 725.479 . Any party dissatisfied with the ALJ’s ruling may appeal to the Benefits Review Board.”
Byrge ex rel. Est. v. Premium Coal Co., 301 F. Supp. 3d 785 (E.D. Tenn. 2017). · cites it 2× “§ 921 (a), 20 C.F.R. § 725.479 (a). As noted above, 20 C.”
Westmoreland Coal Co. v. Sharpe Ex Rel. Sharpe, 692 F.3d 317 (4th Cir. 2012). · cites it 2× “SHARPE pneumoconiosis must be rejected for the reasons delineated in the 2009 BRB Decision: Under [ 20 C.F.R. § 725.479 (entitled "Finality of decisions and orders")], filing a request for modifica- tion is not identified as a procedure that affects the finality of a Decision…”
Amax Coal Co. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Rosemary Oxendine, 892 F.2d 578 (7th Cir. 1989). · cites it 3× “20 C.F.R. § 725.479 (b). Motions for reconsideration suspend the finality of a decision for purposes of appeal to the BRB.”
Avery C. Bennett v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 717 F.2d 1167 (7th Cir. 1983). “Under 20 C.F.R. § 725.479 , an ALJ’s decision and order becomes final thirty days after it is filed in the office of the deputy commissioner unless proceedings to suspend or set aside the order are instituted within that time period.”
Eugene Patton v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 763 F.2d 553 (3rd Cir. 1985). “and the decision and order shall be considered to be filed in the Office of the Deputy Commissioner”) with 20 C.F.R. § 725.479 (a) ("A decision and order shall become effective when filed in the office of the deputy commissioner").”
Youghiogheny & Ohio Coal Co. v. Milliken, 200 F.3d 942 (6th Cir. 1999). · cites it 2× “We also cannot accept Y&O’s argument that allowing the ALJ to rethink his conclusions renders either the regulation governing ALJ reconsideration, 20 C.F.R. § 725.479 (b), or the regulation governing duplicate black lung claims, 20 C.”
Trent Coal, Inc. & State Workmen's Ins. Fund v. William F. Day & Dir., Off. of Workers' Comp. Programs, 739 F.2d 116 (3rd Cir. 1984). “478) and unless proceedings for suspension or setting aside of such order are instituted within 30 days of such filing, the order shall be final at the expiration of the thirtieth day after such filing.”
Curtis Wellman v. Dir., Off. of Workers' Comp. Prog., United States Dep't of Labor, 706 F.2d 191 (6th Cir. 1983). “20 C.F.R. § 725.479 (c). On appeal Wellman’s attorney argues that he was misled into believing he had 30 days from April 13 rather than from March 24 to file the notice of appeal.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Kaiser Steel Corp. & John W. Zupon, 860 F.2d 377 (10th Cir. 1988). “The AU’s denial of the motion to reconsider could have been appealed to the Benefits Review Board, see 20 C.F.R. § 725.479 , .481, but the Director failed to do so.”
Nowlin v. E. Associated Coal Corp., 331 F. Supp. 2d 465 (N.D.W. Va. 2004). “8 20 C.F.R. § 725.479 (a), the provision governing the effectiveness and finality of ALJ decisions provides: “(a) A decision and order shall become effective when filed in the office of the district director .”
Dominion Coal Corp. v. Tommy Honaker Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 33 F.3d 401 (4th Cir. 1994). “§ 921 (a); see also 20 C.F.R. § 725.479 . The requirement for service of the ALJ’s decision provides: The order rejecting the claim or making the award (referred to in this Act as a compensation order) shall be filed in the office of the deputy commissioner, and a copy thereof…”
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