C.F.R. » Title 20 » CHAPTER VII—BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR › PART 802—RULES OF PRACTICE AND PROCEDURE › Subpart D—Completion of Board Review

20 C.F.R. § 802.406

Finality of Board decisions

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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
Cited in 24 cases (1 in the last 5 years), 1986–2024 · leading case: Midland Coal Co. & Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 149 F.3d 558 (7th Cir. 1998).
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Midland Coal Co. & Old Repub. Ins. Co. v. Dir., Off. of Workers' Comp. Programs, 149 F.3d 558 (7th Cir. 1998). · cites it 4× “” 20 C.F.R. § 802.406 . A motion for reconsideration is timely if it is filed within 30 days of the filing of a decision under 20 C.”
Arch Mineral Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 798 F.2d 215 (7th Cir. 1986). · cites it 2× “§ 921 (c)) should be construed as distinct from the term “final decision” as used in 20 C.F.R. § 802.406 . “Final order” seems to contrast with “interlocutory order” and refers to the question whether the Board decision is final in the sense that it “ends the litigation on the…”
Richard Duhagon v. Metro. Stevedore Co., 169 F.3d 615 (9th Cir. 1999). · cites it 2× “20 C.F.R. § 802.406 . While the Tenth Circuit, citing 20 C.”
Bridger Coal Co./Pac. Minerals, Inc. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 927 F.2d 1150 (10th Cir. 1991). “See 20 C.F.R. § 802.406 . A motion for reconsideration tolls the period for filing a notice of appeal until the Board grants the request to withdraw that motion.”
Freeman United Coal Mining Co. v. Off. of Workers' Comp. Prog., 20 F.3d 289 (7th Cir. 1994). “§ 921 (e) and 20 C.F.R. § 802.406 . See Arch Mineral Corp.”
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.”
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. § 802.406 (“If a *877 timely request for reconsideration has been filed, the 60-day period for filing such petition for review [with a circuit court of appeals] will run from the issuance of the Board’s decision on reconsideration.”
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.”
Holmes v. Dir., Off. of Workers' Comp. Programs, 66 F. App'x 491 (4th Cir. 2003). · cites it 3× “20 C.F.R. section 802.406 governs the time period in which a petitioner may petition this Court for a review of a BRB decision.”
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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