Clinton Carico, v. Roberts & Bennett Coal Company, Director, Office of Workers'compensation Programs, United States Department Oflabor, Old Republic Insurance Company,respondents, 920 F.2d 926 (4th Cir. 1990)

Annotate this Case
U.S. Court of Appeals for the Fourth Circuit - 920 F.2d 926 (4th Cir. 1990) Submitted Dec. 3, 1990. Decided Dec. 17, 1990

On Petition for Review of an Order of the Benefits Review Board. (88-985-BLA)

Clinton Carico, petitioner pro se.

Mark Elliott Solomons, Laura Metcoff Klaus, Arter & Hadden, Washington, D.C., Michael John Denney, Dorothy L. Page, United States Department of Labor, Washington, D.C., for respondents.

Ben. Rev. Bd.


Before K.K. HALL, MURNAGHAN and WILKINSON, Circuit Judges.


Clinton Carico seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C. §§ 901 et seq. Our review of the record discloses that Carico noted this appeal outside the 60-day appeal period established by 33 U.S.C. § 921(c). See also 20 C.F.R. Secs. 802.406 and 802.410(a). Appellant's failure to note a timely appeal deprives this Court of jurisdiction to consider this case. See Adkins v. Director, OWCP, 889 F.2d 1360 (4th Cir. 1989). We therefore deny leave to proceed in forma pauperis and dismiss the appeal. 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.