20 C.F.R. § 802.217

Waiver of time limitations for filing

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(a) The time periods specified for submitting papers described in this part, except that for submitting a notice of appeal, may be enlarged for a reasonable period when in the judgment of the Board an enlargement is warranted.

(b) Any request for an enlargement of time pursuant to this section shall be directed to the Clerk of the Board and must be received by the Clerk on or prior to the date on which the paper is due.

(c) Any request for an enlargement of time pursuant to this section shall be submitted in writing in the form of a motion, shall specify the reasons for the request, and shall specify the date to which an enlargement of time is requested.

(d) Absent exceptional circumstances, no more than one enlargement of time shall be granted to each party.

(e) Absent a timely request for an enlargement of time pursuant to this section and the Board's granting that request, any paper submitted to the Board outside the applicable time period specified in this part shall be accompanied by a separate motion stating the reasons therefor and requesting that the Board accept the paper although filed out of time.

(f) When a paper filed out of time is accepted by the Board, the time for filing a response shall begin to run from the date of a party's receipt of the Board's order disposing of the motion referred to in paragraph (e) of this section.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1983–2021 · leading case: Virginia Kephart, Widow of Raymond Kephart v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 701 F.2d 22 (3rd Cir. 1983).

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Virginia Kephart, Widow of Raymond Kephart v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 701 F.2d 22 (3rd Cir. 1983). · cites it 3× “He then contended that while the regulations in effect prior to 1978 provided that the failure to timely file a paper could, in the discretion of the Board, constitute a waiver of the right to further participation in the proceedings, 20 C.F.R. § 802.217 (1978), the applicable…”

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. § 802.217 (a) (emphasis added).”

Norfolk Shipbuilding & Drydock Corp. v. Campbell, 59 F. App'x 568 (4th Cir. 2003). “20 C.F.R. § 802.217 (a) (2000). Norshipco offers no reason to believe that the BRB abused its discretion.”

Quinton Neal v. CP&O, LLC (4th Cir. 2021). “See 20 C.F.R. §§ 802.217 (a), 802.221(c) (2021) (providing that Board may not grant extension for filing appeal); Grant v.”

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