[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR501.3]

[Page 5-6]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER IV--EMPLOYEES' COMPENSATION APPEALS BOARD, DEPARTMENT OF LABOR
 
PART 501--RULES OF PROCEDURE--Table of Contents
 
Sec. 501.3  Application for review.

    (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

[[Page 6]]

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]