AMERICAN BRIDGE DIVISION, ETC. v. DIRECTOR, ETC.

No. 81-4247.

679 F.2d 81 (1982)

AMERICAN BRIDGE DIVISION, U. S. STEEL CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Harvey J. Carroll, Respondents.

United States Court of Appeals, Fifth Circuit.

June 25, 1982.


Attorney(s) appearing for the Case

Kyle Wheelus, Jr., Beaumont, Tex., for petitioner.

Janet R. Dunlop, U. S. Dept. of Labor, Joshua T. Gillelan, II, Washington, D. C., for respondents.

Before RUBIN, REAVLEY and TATE, Circuit Judges.


TATE, Circuit Judge:

This petition for review raises a narrow issue of agency procedure. The petitioner challenges an agency rule that requires a party to raise an issue before or at the initial hearing; in the absence of timely raising, the issue will not subsequently be considered. We find no impropriety in the rule or in its present application, and we therefore affirm.

By its petition for review of the award of longshoremen's-harbor workers' benefits,...

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