Isabella Dailey v. Director, Office of Workers' Compensation Programs, United States Department of Labor

KENNEDY, Circuit Judge.

Petitioner Isabella Dailey (hereinafter “claimant”) appeals from an order of the Benefits Review Board, United States Department of Labor (“the Board”), denying her motion for reconsideration of her claim for Black Lung Benefits. The motion was denied because it was filed outside the 30-day period provided by 20 C.F.R. § 802.407 and the Board held that it could not consider an untimely motion. We have jurisdiction over this action under 33 U.S.C. § 921(c). Because we find that the Board does have the power to review an untimely motion for reconsideration, we REMAND to…