20 C.F.R. § 802.408
Notice of request for reconsideration
(a) In the event that a party requests reconsideration of a decision or order, he or she shall do so in writing, in the form of a motion, stating the supporting rationale for the request, and include any material pertinent to the request.
(b) The request shall be sent by mail, or otherwise presented, to the Clerk of the Board. Copies shall be served on all other parties.
Notes of Decisions
Cited in 3
cases, 1999–2019 · leading case: Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019).
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “” 20 C.F.R. § 802.408 (a). Yet, as in this case, the Board has long interpreted this regulation to bar parties from raising new arguments “for the first time in a motion for reconsideration.”
Hyatt v. Dir., Off. of Worker's Comp. Programs, 369 F. App'x 613 (5th Cir. 2010). “20 C.F.R. § 802.408 (a). The Board’s decision is affirmed.”
Peabody Coal Co. v. DOWCP (4th Cir. 1999). “at 25; 20 C.F.R. § 802.408 (a). Additionally, the Board stated that a briefing order would only serve to delay the resolution of the case unnecessarily.”
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