John Grimmett v. Director, Office of Workers' Compensation Programs, United States Department of Labor

This is an appeal from an order of the Benefits Review Board (“BRB”) dismissing petitioner’s appeal. The BRB held that since petitioner had not filed his appeal within thirty days of the Administrative Law Judge’s (“ALJ's”) decision and order, petitioner's appeal was untimely. For the reasons that follow, we reverse.

FACTS

This case arose upon the filing of an application for benefits under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. (1982) (“Act”) by petitioner, John Grimmett, on May 2, 1977. The application was administratively approved by the Department of Labor on October 20, 1979,…