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GRIMMETT v. DIRECTOR, OFFICE OF WKRS' COMP. PROG.

No. 86-7454.

826 F.2d 1015 (1987)

John GRIMMETT, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

September 8, 1987.

Attorney(s) appearing for the Case

Ronald G. Ray, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before FAY and KRAVITCH, Circuit Judges, and ALLGOOD, Senior District Judge.

PER CURIAM:

This is an appeal from an order of the Benefits Review Board ("BRB") dismissing petitioner's appeal. The BRB held that since petitioner had not filed his appeal within thirty days of the Administrative Law Judge's ("ALJ's") decision and order, petitioner's appeal was untimely. For the reasons that follow, we reverse.

FACTS

This case arose upon the filing of an application for benefits under the Black Lung Benefits Act, 30 U.S.C. 901 ...

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