Old Ben Coal Company v. Ruby Jones, and Director, Office of Workers' Compensation Programs, United States Department of Labor

ESCHBACH, Senior Circuit Judge.

This petition, brought pursuant to 33 U.S.C. § 921(c) (1976), arises from an order issued by the Benefits Review Board (Board) dismissing the appeal of Old Ben Coal Company (Old Ben) from a decision and order issued by an administrative law judge (ALJ) awarding benefits to Ruby Jones under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901 et seq. (1986). Finding that the appeal had not been filed within 30 days of the issuance of the ALJ’s opinion and order, the Board dismissed the appeal for want of jurisdiction. Because we hold that the ALJ’s failure to comply…