Legal Opinion
Trent Coal, Inc. And State Workmen's Insurance Fund v. William F. Day and Director, Office of Workers' Compensation Programs
Court of Appeals for the Third Circuit
Decided August 23, 1984No. 83-3461PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The Benefits Review Board rejected as untimely an employer’s appeal from an AU’s award of Black Lung benefits. Interpreting a regulation promulgated by the Secretary of Labor, the Board determined that the appeal period began to run on the day the AU issued his order, rather than when it was filed with the deputy commissioner. Finding the Board’s construction of the regulation in conflict with the statute, we reverse and direct reinstatement of the appeal.
The AU issued his decision awarding benefits on April 11, 1983. On that same day he sent a copy of…
2Cases cited3 opinions
- United States v. LombardoSupreme Court of the United States · 1916
- Miller v. United StatesSupreme Court of the United States · 1935
- Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond and John H. McArthur Trustees of the Penn Central Transportation Co.Court of Appeals for the Second Circuit · 1980
3Cited by12 opinions
- Cristina Galeas Castaneda v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 1994
- Eugene Patton v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1985
- Robert Nealon v. California Stevedore & Ballast Co., and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Ninth Circuit · 1993
- Jewell Smokeless Coal Corporation v. Melvin C. Looney Director, Office of Workers Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1989
- Ed Daugherty v. Director, Office of Workers Compensation Program, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1990
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