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. § 802.410

Judicial review of Board decisions

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(a) Within 60 days after a decision by the Board has been filed pursuant to § 802.403(b), any party adversely affected or aggrieved by such decision may file a petition for review with the appropriate U.S. Court of Appeals pursuant to section 21(c) of the LHWCA.

(b) The Director, OWCP, as designee of the Secretary of Labor responsible for the administration and enforcement of the statutes listed in § 802.101, shall be deemed to be the proper party on behalf of the Secretary of Labor in all review proceedings conducted pursuant to section 21(c) of the LHWCA.

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1976–2021 · leading case: Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 519 U.S. 248 (1997).
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Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 519 U.S. 248 (1997). · cites it 6× “" § 921(c); see also 20 CFR § 802.410 (a) (1996). The Director, OWCP, plays a significant role in this process.”
Shahady v. Atlas Tile & Marble Co., 673 F.2d 479 (D.C. Cir. 1982). · cites it 6× “81-1818 to add as party-respondent the DOWCP. In support, the Director relies in general on the Secretary’s delegation to the Director of the Secretary’s duties of implementation, administration, and enforcement of the LHWCA.”
Dir., Off. of Workers' Comp. Programs v. Perini North River Assocs., 459 U.S. 297 (1983). · cites it 2× “[10] 20 CFR § 802.410 (b) (1982). Section 39 of the Act, as set forth in 33 U.”
Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995). · cites it 2× “Indeed, it can be argued, as amici in this case have done, that if the Director is the proper party respondent in the court of appeals (as her regulations assert, see 20 CFR § 802.410 (1994)), in initiating an appeal she would end up on both sides of the case.”
Ingalls Shipbuilding Div., Litton Sys., Inc. v. John H. White & Dir., Off. of Workers' Comp. Programs, U. S. Dep't of Labor, 681 F.2d 275 (5th Cir. 1982). · cites it 3× “The amended version *283 of § 921(c) is silent as to who shall appear as respondent for the agency, but the Secretary has filled that gap by promulgating 20 CFR § 802.410 (b), which names the Director to represent the Department of Labor in review proceedings.”
Dir., Off. of Workers' Comp. Programs v. Lilburn Rowe, 710 F.2d 251 (6th Cir. 1983). “20 C.F.R. § 802.410 -(b). . The history of the incorporation and the problems it caused is detailed in Director, OWCP v.”
Shendock v. Dir., Off. of Workers' Comp. Programs. Appeal of Stephen Shendock, 893 F.2d 1458 (3rd Cir. 1990). “See also 20 C.F.R. § 802.410 (1986). The Black Lung Benefits Act, 30 U.”
Labelle Processing Co. v. John Swarrow & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 72 F.3d 308 (3rd Cir. 1996). “at § 921(c); 20 C.F.R. § 802.410 (a). See also generally Lukman v.”
Arch Mineral Corp. v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 798 F.2d 215 (7th Cir. 1986). “20 C.F.R. § 802.410 (a). The regulation applicable to motions for reconsideration provides, inter alia, that “failure to file a request for reconsideration shall not be deemed a failure to exhaust administrative remedies.”
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× “403 (b), as required by 20 C.F.R. § 802.410 (a). 1 Section 802.403(b) provides: The original of the decision shall be filed with the Clerk of the Board.”
Earl Davis v. Dir., Off. of Workers' Comp. Programs, U.S. Dep't of Labor, & Kaiser Steel Co., 936 F.2d 1111 (10th Cir. 1991). · cites it 2× “See 20 C.F.R. § 802.410 (1990). 2 . Davis named as defendants Kaiser Steel Corporation and the Director.”
Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Gen. Dynamics Corp., 982 F.2d 790 (2d Cir. 1992). “202 (1992), and designated the Director to represent her in all review proceedings, 20 C.F.R. § 802.410 (b) (1992). Thus, the Director, as the policy-making authority, is to be accorded deference.”
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— 20 C.F.R. § 802.410(a) — 2 cases
Oval T. Clark v. Dir., Off. Workers Comp. Programs, U.S. Dep't of Labor, Benefits Review Bd., 755 F.2d 931 (6th Cir. 1985).
Ervin Stapleton v. E. Coal Corp., 815 F.2d 80 (6th Cir. 1987).
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