20 C.F.R. § 802.403

Issuance of decisions; service

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(a) The Board shall issue written decisions as expeditiously as possible after the completion of review proceedings before the Board. The transmittal of the decision of the Board shall indicate the availability of judicial review of the decision under section 21(c) of the LHWCA when appropriate.

(b) The original of the decision shall be filed with the Clerk of the Board. A copy of the Board's decision shall be sent by certified mail or otherwise presented to all parties to the appeal and the Director. The record on appeal, together with a transcript of any oral proceedings, any briefs or other papers filed with the Board, and a copy of the decision shall be returned to the appropriate deputy commissioner for filing.

(c) Proof of service of Board decisions shall be certified by the Clerk of the Board or by another employee in the office of the Clerk of the Board who is authorized to certify proof of service.

Notes of Decisions

Cited in 9 cases, 1976–2004 · leading case: Arch Mineral Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 798 F.2d 215 (7th Cir. 1986).

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Arch Mineral Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 798 F.2d 215 (7th Cir. 1986). “We must focus initially on the language of the statute, which provides for an appeal within sixty days of the “issuance” of the “final order.”

James Elwood Butcher v. Big Mountain Coal, Inc., & Benefits Review Bd., United States Dep't of Labor, 802 F.2d 1506 (4th Cir. 1986). · cites it 2× “Nevertheless, Butcher contends that his Petition for Review was not untimely filed because there is no documentary proof that the Clerk subsequently complied with all the elements of 20 C.F.R. § 802.403 (b), as required by 20 C.”

Midland Coal Co. & Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 149 F.3d 558 (7th Cir. 1998). “A motion for reconsideration is timely if it is filed within 30 days of the filing of a decision under 20 C.F.R. § 802.403 . See 20 C.F.R. § 802.”

Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35 (2d Cir. 1976). “Petitioners’ basis for resisting the motion is as follows: The BRB’s Rules and Regulations, 20 C.F.R. § 802.403 (b), provide that the original of any BRB decision shall be filed with the Clerk of the Board, which was done here, and that “[a] copy of the Board’s decision shall be…”

Albert S. Rich v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 798 F.2d 432 (11th Cir. 1986). “First, he argues that the sixty day filing period should run either from the date his attorneys received the Board’s determination or should be tolled altogether because Rich was never personally served with the Board’s order.”

Island Creek Coal Co. v. Arthur W. Holdman, (Deceased) Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 202 F.3d 873 (6th Cir. 2000). “” 20 C.F.R. § 802.403 (b) provides that, inter, alia, “[t]he original of the decision shall be filed with the Clerk of the Board,” and that “[a] copy of the Board’s decision shall be sent by certified mail or otherwise presented to all parties to the appeal and the Director.”

Mining Energy, Inc. v. Dir., Off. of Workers' Comp. Programs, 391 F.3d 571 (4th Cir. 2004). · cites it 2× “1 For support of this proposition, both parties point principally to two DOL regulations, 20 C.F.R. §§ 802.403 and 802.410. The first of the these regulations, § 802.”

Stevedoring Servs. of Am. v. Dir., Off. of Workers' Comp. Programs, 29 F.3d 513 (9th Cir. 1994). “20 C.F.R. § 802.403 (b). Within 60 days after a decision by the Board has been filed pursuant to § 802.”

Norfolk Shipbuilding v. Bright (4th Cir. 1999). “3d at 563 -64 (citing 20 C.F.R. §§ 802.403 , 802.407). The court concluded that a decision to deny reconsideration is dispositive so long as the agency makes no alteration in the underlying order.”

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