Legal Opinion
Carlos Adkins v. Director, Office of Workers Compensation Programs, United States Department of Labor
Court of Appeals for the Fourth Circuit
Decided November 24, 1989No. 88-2079PublishedCited by 28 opinions
1Opinion of the Court
CHAPMAN, Circuit Judge:
The issue presented by this appeal is whether a petition for review of a decision and order of the Benefits Review Board (BRB), timely filed with the Board but untimely filed in the Office of the Clerk of this court, may be deemed sufficient to invoke this court’s review jurisdiction. We find that under the clear language of the applicable statutes such a petition is not timely, and we dismiss the appeal.
I
Petitioner worked in the coal mines for almost 40 years and retired in 1981. His claim for black lung benefits was heard on October 2, 1984 and was denied by an…
2Cases cited17 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Schacht v. United StatesSupreme Court of the United States · 1970
- United States v. MichelSupreme Court of the United States · 1931
- Pittston Stevedoring Corp. v. DellaventuraCourt of Appeals for the Second Circuit · 1976
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Shendock v. Director, Office of Workers' Compensation Programs. Appeal of Stephen ShendockCourt of Appeals for the Third Circuit · 1990
- Elsevier v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Benny J. Felt v. Director, Office of Workers' Compensation Programs San Pedro Tomco State Compensation Insurance FundCourt of Appeals for the Ninth Circuit · 1993
- United States v. Metropolitan Petroleum Co., Inc.District Court, S.D. Florida · 1990
- Helen Cooley, Widow of James Cooley v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1990
23 more not listed; retrieve them via the Exa API.