Notice: Fourth Circuit I.O.P. 36.6 States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit. Willie Warren, Petitioner, v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent., 902 F.2d 30 (4th Cir. 1990)

Federal Circuits, 4th Cir. (May 16, 1990)

Docket number: 88-1736


Permanent Link: http://vlex.com/vid/willie-warren-compensation-programs-37308947
Id. vLex: VLEX-37308947

Click here to download this article in graphic format (Acrobat Reader)

Document language

Search in this document

Sponsored Ads:


Text:

On Petition for Review of an Order the Benefits Review Board. (BRB No. 86-224-BLA)

Willie Warren, petitioner pro se.

Priscilla Anne Schwab, United States Department of Labor, Washington, D.C., for respondent.

Ben.Rev.Bd.

DISMISSED.

Before PHILLIPS, MURNAGHAN and WILKINSON, Circuit Judges.

PER CURIAM:

Willie Warren seeks review of a May 27, 1988, Benefits Review Board (Board) order affirming a denial of black lung benefits. Warren submitted his petition for judicial review to the Board, rather than to this Court. The petition was received by the Board on July 14 and was forwarded by the Board on July 22, 1988. It was received by this Court on July 28, 1988, sixty-two days after the Board's decision.

A petition for review that is timely filed with the Board, but untimely filed with this Court is insufficient to invoke our review jurisdiction. Adkins v. Director, OWCP, --- F.2d ----, No. 88-2079 (4th Cir. Nov. 24, 1989). Accordingly, we grant the Director's motion to dismiss for lack of jurisdiction. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument.

DISMISSED

Sponsored Ads:




Activate your free trial now

Make your order

Need help? Contact us

Try vLex for FREE for 3 days

Access legal information from United States including:

  • Constitutions
  • Forms and Contracts
  • Legal Books and Journals
  • Case Law
  • News and Business
  • Regulations
  • U.S. Code

Try vLex without any commitment for 3 days and see why you need it.

3

days of Free Access