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

20 C.F.R. § 802.201

Who may file an appeal

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(a) A party. (1) Any party or party-in-interest adversely affected or aggrieved by a decision or order issued pursuant to one of the Acts over which the Board has appellate jurisdiction may appeal a decision or order of an administrative law judge or deputy commissioner to the Board by filing a notice of appeal pursuant to this subpart. (See § 802.205(b) and (c) for exceptions to this general rule.) A party who files a notice of appeal shall be deemed the petitioner. The Director, OWCP, when acting as a representative of the Special Fund established under the Longshore and Harbor Workers' Compensation Act or the Black Lung Disability Trust Fund established by the Black Lung Benefits Act, or, when appealing a decision or order which affects the administration of one of the Acts, shall be considered a party adversely affected.

(2) When a decision or order is favorable to a party (i.e., the prevailing party), the prevailing party may file a cross-appeal pursuant to § 802.205(b) to challenge any adverse findings of fact or conclusions of law in the same proceeding.

(b) Representative parties. In the event that a party has not attained the age of 18, is not mentally competent, or is physically unable to file and pursue or defend an appeal, the Board may permit any legally appointed guardian, committee, or other appropriate representative to file and pursue or defend the appeal, or it may in its discretion appoint such representative for purposes of the appeal. The Board may require any legally appointed representative to submit evidence of that person's authority.

Notes of Decisions
Cited in 18 cases, 1976–2016 · leading case: Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Progr
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Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Progr (1982) ca5 · cites it 4× “The Board found that the Director had automatic standing under 20 C.F.R. § 802.201 (a), which defines “party” or “party in interest” to mean “The Secretary or his designee and any person or business entity directly affected by the decision or order from which an appeal to the…”
Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs (1997) scotus · cites it 2× “That parties in whose favor the judgment under review runs are ordinarily proper respondents or appellees in the courts of appeals is so obvious that the Federal Rules of Appellate Procedure—which, contrary to the Court's belief, purport to prescribe which parties must be named,…”
Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labo (1976) ca3 · cites it 2× “§ 921 (b)(3); 20 C.F.R. § 802.201 (a) (1975). That petition for review did not put in issue the finding of the Administrative Law Judge that Aleksiejczyk’s fatal heart attack was work-related, but only the finding that the Special Fund was liable for payments of death benefits…”
American Stevedores, Inc., and Michigan Mutual Liability Insurance Company v. Vincent Salzano, and Director, Office of W (1976) ca2 · cites it 2× “20 C.F.R. § 802.201 (1975). The challenged amendments to the Longshoremen’s and Harborworkers’ Compensation Act 7 increase the compensation *937 payable for permanent total disability and death when the compensable injury occurred prior to the effective date of the 1972…”
Charles Boyd Malcomb v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Depa (1994) ca4 · cites it 2× “II The Board’s rules regarding cross-appeals are found at 20 C.F.R. §§ 802.201 (a)(2), 802.-205(b) and 802.”
Director, Office of Workers' Compensation Programs, United States Department of Labor v. Albert Brodka (1981) ca3 “20 C.F.R. § 802.201 (1980). See also 20 C.”
Shahady v. Atlas Tile & Marble Co. (1982) cadc “20 C.F.R. § 802.201 (a) (“Any party adversely affected by a decision or order pursuant to [the LHWCA] may appeal .”
Consolidation Coal Company v. Lorene Maynes (2014) ca6 “See 20 C.F.R. § 802.201 (a)(2) (“When a decision or order is favorable to a party (i.”
Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Kenneth Robertson (1980) ca9 “11 Fur *880 ther regulations provide that a notice of appeal must be filed with the BRB, 20 C.F.R. § 802.201 , followed by a petition for review containing “a statement indicating the specific contentions of the petitioner and describing with particularity the substantial…”
Eastern Associated Coal Co. v. Director, Office of Workers' Compensation Programs (2014) ca4 “20 C.F.R. § 802.201 (a). As such, even if we were to view the Director as the "party against whom collateral estoppel is asserted” for the purposes of this appeal, it is evident that he did not have a "full and fair opportunity to litigate the issue in the previous forum” as a…”
Betty Jones v. Illinois Central Gulf Railroad, and Director, Office of Workers' Compensation Programs, United States Dep (1988) ca7 “205A is a procedural rule concerned with the manner in which the BRB processes appeals from decisions or orders granting or denying claims for compensation or benefits under the several Acts for which it is assigned responsibility.”
Marfork Coal Company v. Weis (2007) ca4 · cites it 2× “See 20 C.F.R. § 802.201 (a)(2); King v. Tennessee Consolidated Coal Co.”
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