Bobby L. Ramey, Petitioner, v. Clinchfield Coal Company; Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 8 F.3d 819 (4th Cir. 1993)

Bobby Ramey seeks review of the Benefits Review Board's (Board) decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-45 (West 1986 & Supp. 1992). The applicable filing period for appeals to this Court from decisions of the Board is sixty days. 33 U.S.C. § 921(c) (1988). We have held that the failure to file a petition for review in the Circuit Court within the time period prescribed by § 921(c) deprives this Court of jurisdiction to consider the appeal. See Adkins v. Director, Office of Workers' Compensation Programs, 889 F.2d 1360 (4th Cir. 1989).

The Board issued its decision on April 20, 1993. Ramey filed his petition for review on August 2, 1993, well outside the sixty-day period. We acknowledge that Ramey's petition for review was timely served on the Director, Office of Workers' Compensation Programs (Director), but note that Adkins permits no exceptions to the sixty-day filing requirement. The Director's motion to dismiss this appeal for lack of jurisdiction is therefore granted. 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.

DISMISSED