C.F.R. » Title 20 » CHAPTER VII—BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR › PART 802—RULES OF PRACTICE AND PROCEDURE › Subpart A—General Provisions

20 C.F.R. § 802.101

Purpose and scope of this part

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(a) The purpose of part 802 is to establish the rules of practice and procedure governing the operation of the Benefits Review Board.

(b) Except as otherwise provided, the rules promulgated in this part apply to all appeals taken by any party from decisions or orders with respect to claims for compensation or benefits under the following Acts:

(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 FCMHSA of 1969), as amended by the Black Lung Benefits Reform Act of 1977, Public Law 95-239, 92 Stat. 95, the Black Lung Benefits Revenue Act of 1977, Public Law 95-229, 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, 1980–2001 · leading case: Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 519 U.S. 248 (1997).
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Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 519 U.S. 248 (1997). · cites it 4× “§ 921 (b)(1), and *269 to establish the rules of procedure of the Board, 20 CFR § 802.101 et seq. (1996), demonstrates the Secretary's indirect but substantial control over the Board and its decisions.”
Dir., Off. of Workers' Comp. Programs, U. S. Dep't of Labor v. Kenneth Robertson, 625 F.2d 873 (9th Cir. 1980). “These regulations apply to all appeals, 20 C.F.R. § 802.101 , 12 and the BRB was therefore merely following applicable regulations in denying the Director’s motion to vacate the finding of the ALJ based on the submission of a stipulation.”
Isabella Dailey v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 936 F.2d 241 (6th Cir. 1991). “” 20 C.F.R. § 802.101 (a) (1990). 2 We turn to those regulations to ascertain the procedural rules governing actions before the Board.”
Galle v. Dir., Off. of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001). “20 C.F.R. § 802.101 (a). Section 802.205 sets out the requirement that a notice of appeal to the Board be filed within thirty days after the ALJ’s decision or order is filed in the office of the deputy commissioner.”
Andrew T. Galle v. Dir., Off. Of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001). “20 C.F.R. 802.101(a). Section 802.205 sets out the requirement that a notice of appeal to the Board be filed within thirty days after the ALJ's decision or order is filed in the office of the deputy commissioner.”
20 C.F.R. § 802.101(a): 1 case
Andrew T. Galle v. Dir., Off. Of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001). “20 C.F.R. 802.101(a). Section 802.205 sets out the requirement that a notice of appeal to the Board be filed within thirty days after the ALJ's decision or order is filed in the office of the deputy commissioner.”
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