Stevenson v. Director, Office of Workers' Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1803
FRANKLIN D. STEVENSON,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; ISLAND
CREEK COAL COMPANY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(06-0799-BLA)
Submitted: March 31, 2008 Decided: April 17, 2008
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Franklin D. Stevenson, Petitioner Pro Se. Patricia May Nece, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C.; Mary Rich Maloy,
Douglas Allan Smoot, JACKSON & KELLY, PLLC, Charleston, West
Virginia; Kathy Lynn Snyder, JACKSON & KELLY, PLLC, Morgantown,
West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin D. Stevenson seeks to appeal the Benefits Review
Board’s order affirming the Administrative Law Judge’s decision and
order on remand denying Stevenson’s application for black lung
benefits. We dismiss the appeal for lack of jurisdiction because
the petition for review was not timely filed.
In a black lung benefits case, a party seeking review of
a decision and order issued by the Board must file a petition for
review in the court of appeals within sixty days after the order is
issued. 33 U.S.C. § 921(c) (2000). The sixty-day period for
seeking review is jurisdictional, and a petition for review must be
filed with the clerk of this court to stop the running of this
period. Adkins v. Dir., Office of Workers’ Comp. Programs, 889
F.2d 1360, 1363 (4th Cir. 1989). “[T]he sixty day filing period
begins to run with the filing of a Board opinion with the Clerk of
the Board.” Mining Energy, Inc. v. Dir., Office of Workers’ Comp.
Programs, 391 F.3d 571, 575-76 (4th Cir. 2004).
In this case, the Board’s decision was issued and served
on the parties on June 15, 2007. Stevenson’s petition for review
was not filed until August 17, 2007, three days after the appeal
period expired. We therefore dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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