20 C.F.R. § 802.402
Dismissal by abandonment
(a) Upon motion by any party or representative or upon the Board's own motion, an appeal may be dismissed upon its abandonment by the party or parties who filed the appeal. Within the discretion of the Board, a party may be deemed to have abandoned an appeal if neither the party nor his representative participates significantly in the review proceedings.
(b) An appeal may be dismissed on the death of a party only if the record affirmatively shows that there is no person who wishes to continue the action and whose rights may be prejudiced by dismissal.
Notes of Decisions
Cited in 4
cases, 1983–2004 · leading case: Edward O'neil, Pers. Rep. of the Est. of Raymond O'Neil v. Bunge Corp. Dir., Off. of Workers' Comp. Programs, 365 F.3d 820 (9th Cir. 2004).
Edward O'neil, Pers. Rep. of the Est. of Raymond O'Neil v. Bunge Corp. Dir., Off. of Workers' Comp. Programs, 365 F.3d 820 (9th Cir. 2004). “§ 908 (d)(1) (specifying manner of distribution for remaining payments under partial disability benefits when claimant dies before payments under the schedule are completed); 20 C.F.R. § 802.402 (b) (providing that claimant’s death does not necessitate dismissal of a claim…”
Consolidation Coal Co. v. Marion Gooding, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 703 F.2d 230 (6th Cir. 1983). “402(a), 20 C.F.R. § 802.402 of the federal regulations prescribing the Board’s practices and procedures, provides: (a) Upon motion by any party or representative or upon the Board’s own motion, an appeal may be dismissed upon its abandonment by the party or parties who filed the…”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Lucian Hileman, 897 F.2d 1277 (4th Cir. 1990). “20 C.F.R. § 802.402 (a). In reviewing the Board’s dismissal of the Director’s appeal, we are guided by the Supreme Court’s admonition in Udall v.”
Riley v. Dir., Off. of Workers Comp. Prog., U.S. Dept. of Labor, 887 F.2d 1081 (4th Cir. 1989). “See 20 C.F.R. 802.402(b). Norma Riley clearly indicated that she intended to pursue the action.”
— 20 C.F.R. § 802.402(b) — 1 case
Riley v. Dir., Off. of Workers Comp. Prog., U.S. Dept. of Labor, 887 F.2d 1081 (4th Cir. 1989). “See 20 C.F.R. 802.402(b). Norma Riley clearly indicated that she intended to pursue the action.”
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