Roy J. Napier v. Director, Office of Workers Compensation Programs

Roy J. Napier petitions for review of the Benefits Review Board (BRB) decision upholding the finding of the Administrative Law Judge (AU) that Napier was not entitled to disability benefits because he failed to establish the existence of pneumoconiosis under 20 C.F.R. § 718.202(a)(1), or to establish total disability under 20 C.F.R. § 718.204(c)(1) through (4). Although we initially held that Napier’s notice of appeal was untimely and thus insufficient to invoke this Court’s review jurisdiction, we granted Napier’s petition for rehearing on this issue. We now hold that because Napier’s notice…