Craven v. Director, Office of Workers Compensation Programs

BENAVIDES, Circuit Judge:

Petitioner-appellant Kenneth E. Craven appeals the Benefits Review Board’s (“Board”) November 21, 2008 denial of his appeal to the Board, contending that the Board erred when it determined it did not have jurisdiction to consider his direct appeal that bypassed the Administrative Law Judge (“ALJ”). For the reasons discussed in greater detail below, the Court dismisses Craven’s appeal for lack of subject matter jurisdiction since, as a result of Craven’s failure to exhaust his administrative remedies, this Court has no final order from the Board to review.

Facts and…