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. § 802.407

Reconsideration of Board decisions

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(a) Any party-in-interest may, within 30 days from the filing of a decision or non-interlocutory order by a panel or the Board pursuant to § 802.403(b), request reconsideration of such decision by those members who rendered the decision. The panel of members who heard and decided the appeal will rule on the motion for reconsideration. If any member of the original panel is unavailable, the Chariman shall designate a new panel member.

(b) Except as provided in § 801.301(d), a party may, within 30 days from the filing of a decision or non-interlocutory order by a panel of the Board pursuant to § 802.403(b), suggest the appropriateness of reconsideration by the permanent members sitting en banc. Such suggestion, however, must accompany a motion for reconsideration directed to the panel which rendered the decision. The suggestion for reconsideration en banc must be clearly marked as such.

(c) Except as provided in § 801.301(d), even where no party has suggested reconsideration en banc, any permanent member may petition the permanent Board for reconsideration en banc of a panel decision.

(d) Reconsideration en banc shall be granted upon the affirmative vote of the majority of permanent members of the Board. A panel decision shall stand unless vacated or modified by the concurring vote of at least three permanent members.

Notes of Decisions
Cited in 22 cases, 1986–2017 · leading case: Midland Coal Co. v. Dir., Off. of Workers' Comp. Programs, 149 F.3d 558 (7th Cir. 1998).
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Midland Coal Co. v. Dir., Off. of Workers' Comp. Programs, 149 F.3d 558 (7th Cir. 1998). · cites it 3× “See 20 C.F.R. § 802.407 . Therefore, if a party-in-interest files a request for reconsideration within 30 days of the rendering of a decision, the 60-day deadline to appeal the original decision to the U.”
Isabella Dailey v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 936 F.2d 241 (6th Cir. 1991). · cites it 6× “The motion was denied because it was filed outside the 30-day period provided by 20 C.F.R. § 802.407 and the Board held that it could not consider an untimely motion.”
Shendock v. Dir., Off. of Workers' Comp. Programs. Appeal of Stephen Shendock, 893 F.2d 1458 (3d Cir. 1990). “In that connection, we note that 20 C.F.R. § 802.407 (1986) then required requests for Board reconsideration to be filed within 10 days.”
Bridger Coal Co. v. Dir., Off. of Workers' Comp. Programs, 669 F.3d 1183 (10th Cir. 2012). · cites it 2× “See 20 C.F.R. § 802.407 (d). Bridger appeals, challenging the scope of the 2009 panel’s authority to review the 2008 ALJ decision, the standard used in determining whether to award benefits, and the onset-date determination.”
Arch Coal, Inc. v. Hugler, 242 F. Supp. 3d 13 (D.D.C. 2017). “§§ 921(b)(5), (c); 20 C.F.R. § 802.407 (b). II. Factual and Procedural Background Arch Coal is a mining corporation that was formed in 1997.”
Freeman United Coal Mining Co. v. Off. of Workers' Comp. Prog., 20 F.3d 289 (7th Cir. 1994). “§ 921 (b)(5) and 20 C.F.R. § 802.407 (a). While this motion was pending, the Illinois Industrial Commission, on June 8, 1992, rendered its decision on a state workers’ compensation claim Forsythe had filed while his claim under- the Black Lung Act was pending.”
Riat Danko v. Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor, 846 F.2d 366 (6th Cir. 1988). “20 C.F.R. § 802.407 (a), as amended, provides in pertinent part: Any party-in-interest may, within 30 days from the filing of a decision .”
Vernoy D. Bolling v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 823 F.2d 165 (6th Cir. 1987). “To be timely, petitioner’s letter should have been filed by April 14, 1986, ten days from entry of the Board’s order excluding weekends.”
Richard Duhagon v. Metro. Stevedore Co., 169 F.3d 615 (9th Cir. 1999). “20 C.F.R. § 802.407 . Duhagon’s motion, while dated September 9, 1997, was not filed until September 16, 1997, after the period for filing a motion for reconsideration had expired.”
Island Creek Coal Co. v. Arthur W. Holdman, 202 F.3d 873 (6th Cir. 2000). “See 20 C.F.R. § 802.407 (a) (“Any party-in-interest may, within 30 days from the filing of a decision or non-interlocutory order by a panel or the Board pursuant to § 802.”
William T. Killman v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, & Sahara Coal Trust, 415 F.3d 716 (7th Cir. 2005). “Because a majority consisting of at least three Board members would have been required to overturn the panel’s decision, 20 C.F.R. § 802.407 (d), this was insufficient to reverse the original panel.”
Holmes v. Dir., Off. of Workers' Comp. Programs, 66 F. App'x 491 (4th Cir. 2003). “See 20 C.F.R. § 802.407 (“Any party-in-interest may, within 30 days from the filing of a decision .”
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20 C.F.R. § 802.407(a): 1 case
Carr v. Cent. Appalachian Coal Co., 798 F.2d 1408 (4th Cir. 1986).
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