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. § 802.205

Time for filing

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(a) A notice of appeal, other than a cross-appeal, must be filed within 30 days from the date upon which a decision or order has been filed in the Office of the Deputy Commissioner pursuant to section 19(e) of the LHWCA or in such other office as may be established in the future (see §§ 702.349 and 725.478 of this title).

(b) If a timely notice of appeal is filed by a party, any other party may initiate a cross-appeal by filing a notice of appeal within 14 days of the date on which the first notice of appeal was filed, or within the time prescribed by paragraph (a) of this section, whichever period last expires. In the event that such other party was not properly served with the first notice of appeal, such party may initiate a cross-appeal by filing a notice of appeal within 14 days of the date that service is effected.

(c) Failure to file within the period specified in paragraph (a) or (b) of this section (whichever is applicable) shall foreclose all rights to review by the Board with respect to the case or matter in question. Any untimely appeal will be summarily dismissed by the Board for lack of jurisdiction.

Notes of Decisions
Cited in 33 cases (3 in the last 5 years), 1982–2024 · leading case: Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
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Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “20 C.F.R. § 802.205 (a). When the Board dismissed an untimely appeal, we held that the party failed to exhaust any merits issues for judicial review by disregarding the agency’s timelines.”
Julia Dalle Tezze (Widow of Bruno Dalle Tezze) v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 814 F.2d 129 (3d Cir. 1987). · cites it 4× “See 20 C.F.R. § 802.205 ; King v. Tennessee Consolidation [sic] Coal Co.”
Avery C. Bennett v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 717 F.2d 1167 (7th Cir. 1983). · cites it 2× “On February 27, 1981, the BRB issued its order dismissing the petitioner’s appeal as having been untimely filed under 20 C.F.R. § 802.205 . II. In enacting the Black Lung Benefits Act, Congress adopted the hearing and appeal procedures of the Longshoremen’s and Harbor Workers’…”
Aetna Cas. & Sur. Co. v. Dir., Off. of Worker's Comp. Programs, U.S. Dep't of Labor, 97 F.3d 815 (5th Cir. 1996). · cites it 3× “Finally, 20 C.F.R. § 802.205 (a) provides that: A notice of appeal, other than a cross-appeal, must be filed within 30 days irom the date upon which a decision or order has been filed in the office of the Deputy Commissioner.”
Jewell Smokeless Coal Corp. v. Melvin C. Looney Dir., 892 F.2d 366 (4th Cir. 1989). · cites it 3× “§ 921 (a) (West 1986), and 20 C.F.R. § 802.205 (1989). 1 In this Court the Director of the Office of Workers’ Compensation Programs of the Department of Labor (“the Director”) concedes that the reason stated by the BRB for dismissing Jewell’s administrative appeal was erroneous.”
Robert L. Blevins v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 683 F.2d 139 (6th Cir. 1982). “Further, the BRB’s own regulation, 20 C.F.R. § 802.205 , 1 indicates that it will summarily dismiss any untimely appeal for lack of jurisdiction.”
Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor v. William Siwiec, 894 F.2d 635 (3d Cir. 1990). “The Director appealed to the Board pursuant to 20 C.F.R. §§ 802.205 , 802.211 (1987). The Board affirmed the AU’s award of benefits.”
Furnell Severin v. Exxon Corp., 910 F.2d 286 (5th Cir. 1990). “See 20 C.F.R. § 802.205 (e) (1987). Exxon’s motion for reconsideration was also the most expeditious manner to resolve the deficiency in the AU’s compensation order.”
Apogee Coal Co. v. OWCP, 113 F.4th 751 (7th Cir. 2024). “§ 921 (b); 20 C.F.R. § 802.205 (a). The Board’s authority is strictly appellate—it may not “engage in a de novo proceeding or unrestricted review of a case brought before it.”
Isabella Dailey v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 936 F.2d 241 (6th Cir. 1991). · cites it 2× “]” 20 C.F.R. § 802.205 (a). However, that section also states that “[failure to file within the [30-day period] shall foreclose all rights to review by the Board with respect to the case or matter in question.”
Kelaita v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 799 F.2d 1308 (9th Cir. 1986). · cites it 2× “The administrative law judge made no potentially adverse finding against employer to serve as a basis of a cross-appeal.”
Charles M. Dawe v. Old Ben Coal Co. & Dir., 754 F.2d 225 (7th Cir. 1985). “The statute, as noted, makes the compensation order final unless an appeal is filed within thirty days. Regulations state unequivocally that failure to file an appeal within the time allotted “shall foreclose all rights to review by the Board____ Any untimely appeal will be…”
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20 C.F.R. § 802.205(a): 2 cases
Midland Ins. Co. v. Adam, 781 F.2d 526 (6th Cir. 1985).
Midland Ins. v. Adam, 781 F.2d 526 (6th Cir. 1985).
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