20 C.F.R. § 801.102

Review authority

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(a) The Board is authorized, as provided in 33 U.S.C. 921(b), as amended, to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions or orders with respect to claims for compensation or benefits arising under the following Acts, as amended and extended:

(1) The Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901 et seq.;

(2) The Defense Base Act (DBA), 42 U.S.C. 1651 et seq.;

(3) The District of Columbia Workmen's Compensation Act (DCWCA), 36 D.C. Code 501 et seq. (1973);

(4) The Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331 et seq.;

(5) The Nonappropriated Fund Instrumentalities Act (NFIA), 5 U.S.C. 8171 et seq.;

(6) Title IV, section 415 and part C of the Federal Mine Safety and Health Act of 1977, Public Law 95-164, 91 Stat. 1290 (formerly the Federal Coal Mine Health and Safety Act, hereinafter, FCMHSA, of 1969) as amended by the Black Lung Benefits Reform Act of 1977, Public Law 92-239, 92 Stat. 95, the Black Lung Benefits Revenue Act of 1977, Public Law 95-227, 92 Stat. 11, and the Black Lung Benefits Amendments of 1981, Public Law 97-119, 95 Stat. 1643 (30 U.S.C. 901 et seq.).

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1995–2021 · leading case: Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995).

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Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995). · cites it 2× “§ 921 (b)(3); 20 CFR §§ 801.102 , 801.2(a)(10) (1994). As before the amendments, further review is available in the courts of appeals.”

Andrews, Jr. v. Nicholson, 421 F.3d 1278 (Fed. Cir. 2005). “…compensation claims arising under the Longshore and Harbor Workers' Compensation Act and various other statutes. 20 C.F.R. 801.102 (2005).”

Keller Found./case Fndn v. Joseph Tracy, 696 F.3d 835 (9th Cir. 2012). “§ 921 (b); 20 C.F.R. § 801.102 . 2 . Tracy is joined by Keller in this appeal.”

Craven v. Dir., Off. of Workers Comp. Programs, 604 F.3d 902 (5th Cir. 2010). “301(a) (stating that the Board cannot "engage in a de novo proceeding or unrestricted review of a case brought before it[];” it is only "authorized to review the findings of fact and conclusions of law on which the decision or order appealed from was based.”

Carswell v. E. Pihl & Sons, 999 F.3d 18 (1st Cir. 2021). “, 20 C.F.R. §§ 801.102 (a), 801.2(a)(10); 33 U.”

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