Avery C. Bennett v. Director, Office of Workers' Compensation Programs, United States Department of Labor

MYRON L. GORDON, Senior District Judge.

The petitioner seeks review of a decision of the United States Department of Labor Benefits Review Board (BRB) dismissing as untimely his appeal from the decision of a Labor Department Administrative Law Judge (ALJ). The latter denied benefits sought by Mr. Bennett under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq; This court has jurisdiction pursuant to 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c). For the reasons set forth below, we affirm the decision of the BRB.

I

The relevant procedural history of this case is not in dispute. Review of the…