(a) Who may file. Any person adversely affected by a final decision
of the Director, or his duly authorized representative, may file an
application for review of such decision by the Board.
(b) Place of filing. Any application for review shall be filed with
the Clerk of the Board, Employees' Compensation Appeals Board, U.S.
Department of Labor, Washington, DC 20210.
(c) Form of application; contents. An application for review should
be filed with the Board upon Form AB-1 (Application for Review). Any
application made without the use of the form shall contain the following
information: The full name and address of the applicant, the name of the
injured or deceased employee, the employing establishment, the case file
number assigned to the case by the Office, a description of the
particular injury involved, the date of the injury, the place of injury,
and the date of the decision being appealed. If the applicant is being
represented by another person in the proceeding, the name and address of
such representative should be stated. Each application shall include a
succinct statement indicating the contentions of the applicant and
describing with particularity
any findings of fact, conclusions of law, or exercise of (or failure to
exercise) discretion complained of. Any application containing
incomplete information shall be returned to the applicant with a
description of the additional information needed and a reasonable
opportunity for furnishing any such information shall be allowed.
(d) Time for filing. (1) Except as provided in paragraph (d)(2) of
this section, any application for review by a person residing within the
United States or Canada must be filed within 90 days from the date of
issuance of the final decision of the Director, and any application for
review by a person residing outside the United States or Canada must be
filed within 180 days from the date of issuance.
(2) For good cause shown, the Board may in its discretion waive a
failure to file an application within the time limitations provided in
paragraph (d)(1) of this section, but for no longer than one year from
the date of issuance of the final decision of the Director.
(3) Date of filing--(i) Date or receipt. Except as otherwise
provided in this section, a notice of appeal is considered to have been
filed only as of the date it is received in the office of the clerk of
the Board.
(ii) Date of mailing. If the notice is sent by mail and the fixing
of the date of delivery as the date of filing would render the appeal
untimely, it will be considered to have been filed as of the date of
mailing. The date appearing on the postmark (when available and legible)
shall be prima facie evidence of the date of mailing. If there is no
postmark or it is not legible, other evidence, such as, but not limited
to, certified mail receipts, certificate of service and affidavits, may
be used to establish the date of mailing.
(e) Briefs and supporting statements. Any application for review may
be accompanied by a brief or supporting statement.
[27 FR 12186, Dec. 8, 1982, as amended at 53 FR 49491, Dec. 7, 1988]
