American Bridge Division v. Director, Office of Workers' Compensation Programs, United States Department of Labor

TATE, Circuit Judge:

This petition for review raises a narrow issue of agency procedure. The petitioner challenges an agency rule that requires a party to raise an issue before or at the initial hearing; in the absence of timely raising, the issue will not subsequently be considered. We find no impropriety in the rule or in its present application, and we therefore affirm.

By its petition for review of the award of longshoremen’s-harbor workers’ benefits, the employer (“American Bridge”) questions solely the denial of its motion for reconsideration of an award for total permanent disability.1…