WELLMAN v. DIR., OFFICE OF WORKERS' COMP. PROGRAM

No. 82-3050.

706 F.2d 191 (1983)

Curtis WELLMAN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAM, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 11, 1983.


Attorney(s) appearing for the Case

Denise Butler Harty (argued), J. Michael O'Neill, Donald S. Shire, Associate Sol., U.S. Dept. of Labor, Benefits Review Board, U.S. Dept. of Labor, Washington, D.C., for respondents.

Joseph W. Justice (argued), Pikeville, Ky., for petitioner.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge, and MARKEY, Chief Judge.


PER CURIAM.

Curtis Wellman appeals from an order of the Benefits Review Board (BRB) dismissing his appeal as untimely filed. After considering the briefs and oral arguments of counsel together with the record on appeal, we affirm.

Wellman filed an application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The case was referred by the Director, Office of Workers' Compensation Programs, to an administrative law judge for...

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