Cecil Townsend v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Cecil Townsend appeals from the summary dismissal of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. Townsend concedes that his notice of appeal from the Administrative Law Judge’s denial of benefits on September 30, 1981, to the Benefits Review Board was filed outside the 30-day time limit under the statute. 1 However, Townsend con tends that the AU's September 30 Order denying benefits failed to inform him of his appeal rights and this failure of notice should prevent strict application of the 30-day limit.

Every court that has considered the effect of the…