Legal Opinion

Chester Clay v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Eighth Circuit

Decided November 28, 1984No. 84-2026PublishedCited by 16 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

This is a petition for review of an order of the Benefits Review Board of the Department of Labor. The question presented is whether the petition is timely. We agree with the Board that the petition was not filed within sixty days after the deci sion of the Board was “issued” within the meaning of 33 U.S.C. § 921(c), 1 and we therefore dismiss the appeal for want of jurisdiction.

The decision of the Benefits Review Board was filed on June 11, 1984. The petition for review was filed on August 13, 1984, the sixty-third day after the filing of the Board’s order. Petitioner…

2Cases cited2 opinions

  1. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  2. Pittston Stevedoring Corp. v. DellaventuraCourt of Appeals for the Second Circuit · 1976

3Cited by16 opinions

  1. Shendock v. Director, Office of Workers' Compensation Programs. Appeal of Stephen ShendockCourt of Appeals for the Third Circuit · 1990
  2. Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
  3. Carlos Adkins v. Director, Office of Workers Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1989
  4. Ruel E. Brown v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1989
  5. John Starchevich v. Director, Owcp, U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 1989

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