Cline v. Director of Workers' Compensation Programs

ROSS, Senior Circuit Judge.

On November 11, 1974, claimant filed an application for black lung benefits with the United States Department of Labor (Department), which was repeatedly denied by the Department. Administrative Law Judge (ALJ) Robert S. Amery then conducted a formal hearing and issued a Decision and Order on August 24, 1983, denying benefits. The claimant did not appeal this decision, but instead, within the time period prescribed in 20 C.F.R. § 725.310(a), filed a request for modification of that decision. On November 30, 1989, the Benefits Review Board (Board) affirmed the ALJ’s…