Newton Boyd, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 46 F.3d 1122 (4th Cir. 1995)

OPINION

PER CURIAM

Newton Boyd, a former coal miner, appeals from a decision of the Benefits Review Board (Board) affirming the administrative law judge's (ALJ) decision to deny his application for black lung benefits. Boyd has filed with this Court a motion requesting that the record be reopened for the inclusion of new medical evidence, and requesting that his claim be remanded for consideration of the evidence. We agree with the Director, Office of Workers' Compensation Programs (Director) that the relief Boyd seeks is properly pursued through a motion for modification under 20 C.F.R. Sec. 725.310 (1993). See Jessee v. Director, Office of Workers' Compensation Programs, 5 F.3d 723, 724, 726 n. 4 (4th Cir. 1993).

We therefore construed Boyd's motion as a motion for modification. Because such motions, however, must be filed with the district director, see Lee v. Consolidation Coal Co., 843 F.2d 159, 162-63 (4th Cir. 1988), we remand Boyd's request for modification to the Board with instructions that it be referred to the district director for consideration. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

REMANDED WITH INSTRUCTIONS