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DAILEY v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 90-3572.

936 F.2d 241 (1991)

Isabella DAILEY, Petitioner-Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1991.

Attorney(s) appearing for the Case

Isabella Dailey, pro se.

Priscilla A. Schwab, Michael J. Denney, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent-appellee.

Before KENNEDY and SUHRHEINRICH, Circuit Judges; and LIVELY, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Petitioner Isabella Dailey (hereinafter "claimant") appeals from an order of the Benefits Review Board, United States Department of Labor ("the Board"), denying her motion for reconsideration of her claim for Black Lung Benefits. The motion was denied because it was filed outside the 30-day period provided by 20 C.F.R. § 802.407 and the Board held that it could not consider an untimely motion. We have jurisdiction over this action under...

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