20 C.F.R. § 725.481
Right to appeal to the Benefits Review Board
Any party dissatisfied with a decision and order issued by an administrative law judge may, before the decision and order becomes final (see § 725.479), appeal the decision and order to the Benefits Review Board. A notice of appeal shall be filed with the Board. Proceedings before the Board shall be conducted in accordance with part 802 of this title.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 1982–2026 · leading case: Arch Coal, Inc. v. R. Alexander Acosta, 888 F.3d 493 (D.C. Cir. 2018).
Arch Coal, Inc. v. R. Alexander Acosta, 888 F.3d 493 (D.C. Cir. 2018). “16-01 ("Bulletin"), instructing District Directors to send notices of claims to Arch for certain black lung benefits claims filed against a company that had acquired Arch's BLBA liabilities.”
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “§ 921 (b)(3); 20 C.F.R. § 725.481 . After exhausting these internal agency steps, the miner or operator may Nos.”
Mary Fox v. Elk Run Coal Co., Inc., 739 F.3d 131 (4th Cir. 2014). “This adversarial posture between the parties remains in the event that either party appeals the ALJ’s ruling to the BRB, 20 C.F.R. § 725.481 , as well as in any subsequent appeals to the circuit covering the state in which the claimant allegedly contracted pneumoconiosis, 33 U.”
Avery C. Bennett v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 717 F.2d 1167 (7th Cir. 1983). “The ALJ’s decision did not contain any notice of the appeal rights specified in 20 C.F.R. § 725.481 . On October 10, 1980, the petitioner’s newly retained counsel filed with the BRB a notice of appeal from the ALJ’s decision.”
K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). “§ 921 (b); 20 C.F.R. § 725.481 . In addition, “[t]he Board may, on its own motion or at the request of the Secretary [of Labor], remand a case to the [ALJ] for further appropriate action.”
Robert L. Blevins v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 683 F.2d 139 (6th Cir. 1982). “Pursuant to 20 C.F.R. § 725.481 , any party dissatisfied with this Decision and Order may appeal it to the Benefits Review Board within 30 days from the date of this decision by filing a Notice of Appeal with the Benefits Review Board, Suite 747,1111 20th Street, N.”
Joseph P. Connors, Sr. v. Amax Coal Co., Inc., 858 F.2d 1226 (7th Cir. 1988). “20 C.F.R. § 725.481 , .707 & Part 802 (1988).”
Rockwood Cas. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 917 F.3d 1198 (10th Cir. 2019). “§ 921 (b)(3) ; 20 C.F.R. § 725.481 . Aggrieved parties-in-interest may appeal BRB orders to an appropriate circuit court.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “The ALJ’s decision may be appealed by either party to the DOL’s Benefits Review Board, 20 C.F.R. § 725.481 , and ultimately to the United States Court of Appeals for the circuit in which the injury occurred.”
Jess Aylett & Barbara Aylett v. Sec'y of Hous. & Urban Dev., on Behalf of Bobbie Burris, & Bobbie Burris, Intervenor, 54 F.3d 1560 (10th Cir. 1995). “900(a)(4) (in disputes arising under the Social Security Act, the Appeals Council is the final administrative decision-making body); 20 C.F.R. § 725.481 (in disputes arising under the Federal Coal Mine Health & Safety Act, parties may appeal ALJ decision to Benefits Review…”
Burton v. Drummond Co., 350 F. Supp. 3d 1198 (N.D. Ala. 2018). “§ 921 (b) - (c) ; 20 C.F.R. §§ 725.481 , 725.482. Various procedural and other provisions contained in the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.”
Marfork Coal Co. v. Weis, 251 F. App'x 229 (4th Cir. 2007). “(citing 20 C.F.R. § 725.481 ; § 725.482) (citation omitted).”
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