A decision rendered by the Board pursuant to this subpart shall become final 60 days after the issuance of such decision unless a written petition for review praying that the order be modified or set aside, pursuant to section 21(c) of the LHWCA, is filed in the appropriate U.S. court of appeals prior to the expiration of the 60-day period herein described, or unless a timely request for reconsideration by the Board has been filed as provided in § 802.407. If a timely request for reconsideration has been filed, the 60-day period for filing such petition for review will run from the issuance of the Board's decision on reconsideration.
Notes of Decisions
Doris Sloan v. Drummond Co., Inc., 102 F.4th 1169 (11th Cir. 2024).
“” 20 C.F.R. § 802.406 . A motion for reconsideration is timely if it is filed within 30 days of the panel decision.”
Westmoreland Coal Co. v. Sharpe Ex Rel. Sharpe, 692 F.3d 317 (4th Cir. 2012).
“See 20 C.F.R. § 802.406 . Since [Westmoreland] did not appeal that decision, it cannot now be *332 heard to question the [finality] of [the ALJ’s] decision.”
Peabody Coal Co. v. Abner, 118 F.3d 1106 (6th Cir. 1997).
“” 20 C.F.R. § 802.406 (1996). In other words, a petition for review under § 921(c) is timely if filed within sixty days of the Board’s denial of a timely motion for reconsideration.”
Betty B Coal Co. v. Dir., Off. of Workers' Comp. Programs, 194 F.3d 491 (4th Cir. 1999).
· cites it 2× “” 20 C.F.R. § 802.406 . The Sixth and Seventh Circuits have held that second and successive motions for reconsideration do not further toll the period for filing a petition for review.”
Ramey v. Stevedoring Servs. of Am., 134 F.3d 954 (9th Cir. 1998).
“Although acknowledging that claimants’ timely motions for reconsideration to the Board would normally toll the sixty-day period for filing a petition in this court, see 20 C.F.R. § 802.406 , employers assert that Public Law 104-134 divested the Board of jurisdiction so that…”
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