United States Fifth Circuit
Grant v. Dir., Office of Worker's Comp. Prog., 06-60439
Dismissal of an appeal of a dismissed compensation claim under the Longshore and Harbor Workers' Compensation Act (LHWCA) is vacated where petitioner's notice of appeal was premature, as opposed to untimely, because an ALJ's order of dismissal was not "filed" in the Office of the District Director, and the 30-day time period for filing a notice of appeal with the Benefits Review Board had not yet begun.
Appellate Information
- Decided 09/28/2007
- Published 10/01/2007
Judges
- RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DAVIS, BARKSDALE and PRADO, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Carol Y. Grant, Houston, TX, pro se., Helen Hart Cox (argued), OSHA, Mark Ambrose Reinhalter, Donald Shire, U.S. Dept. of Labor, Thomas O. Shepard, Jr., Clerk, Benefits Rev. Bd., Washington, DC, Chris J. Gleasman, U.S. Dept. of Labor, OWCP-Longshore Div., Houston, TX, for Dir., Gus David Oppermann, V (argued), Charles D. Wheat, Wheat, Oppermann & Meeks, P.C., Houston, TX, for P&O Ports Texas, Inc.