Rebecca Wayne v. Maple Meadow Mining Company

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 11-0645 BLA Copies to all parties and the district court/agency. [999004971]. Mailed to: Wayne, James and Roeder. [12-2030]

Appeal: 12-2030

Doc: 17

Filed: 12/18/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2030

REBECCA A. WAYNE, widow of Danny W. Maynor,
Petitioner,
v.
MAPLE MEADOW MINING COMPANY; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(11-0645-BLA)

Submitted:

December 13, 2012

Decided:

December 18, 2012

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Rebecca A. Wayne, Petitioner Pro Se. Kathy Lynn Snyder, JACKSON
KELLY, PLLC, Morgantown, West Virginia; Jonathan Peter Rolfe,
UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for
Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2030

Doc: 17

Filed: 12/18/2012

Pg: 2 of 2

PER CURIAM:
Rebecca

A.

Wayne

seeks

to

petition

this

court

for

review of the decision and order of the Benefits Review Board
(“Board”) affirming the Administrative Law Judge’s decision and
order denying survivor’s benefits under the Black Lung Benefits
Act, 30 U.S.C. §§ 901-945 (2006).

We dismiss the appeal for

lack of jurisdiction.
The Board’s decision becomes final sixty days after
its issuance unless a claimant files a petition for review with
this court or files a timely motion for reconsideration with the
Board.

20 C.F.R. § 802.406 (2012).

filing

a

petition

jurisdictional.

for

Adkins

review
v.

Dir.,

The sixty-day period for
from

a

Board

Office

of

order

Workers’

is

Comp.

Programs, 889 F.2d 1360, 1363 (4th Cir. 1989).
Here, the Board’s order was entered on June 22, 2012,
and Wayne was required to file her petition in this court no
later than August 21, 2012.
until August 22, 2012.

Wayne did not file her petition

Because Wayne failed to file a timely

petition for review of the underlying Board decision and order,
we

dismiss

the

petition

for

review.

We

dispense

with

oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DISMISSED