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Galle v. Director, Office of Workers' Compensation Programs

The 10-day time period for the filing of motions for reconsideration of an ALJ's decision, as set forth in 20 C.F.R. section 802.206(b)(1), must be calculated using the computation method set forth in Federal Rule of Civil Procedure 6(a).

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Petition for Review of an Order of the Benefits Review Board

The Court is asked to review final decisions of the Benefits Review Board determining that Galle’s notice of appeal to the Board was timely and awarding a limited amount of compensation benefits under the Longshore and Harbor Worker’s Compensation Act (“LHWCA”), 33 U.S.C. � 901 et seq. Plaintiff Andrew T. Galle appeals the Board’s decision on the merits of his claim for disability benefits. Galle argues that the Board properly held that his notice of appeal from the ALJ’s decision was timely, but that the Board erroneously limited his benefits by finding only a permanent partial disability, rather than a permanent total disability, by excluding certain medical services, and by refusing to award fees to Galle’s representative. Defendant-employer Ingalls Shipbuilding, Inc. (“Ingalls”) and Aetna Casualty and Surety Company (“Aetna”), which is Ingalls’ LHWCA carrier, cross-appeal, arguing that the Board erroneously determined that Galle’s notice of appeal to the Board was timely, but that the Board properly limited Galle’s benefits. The Director of the Office of Workers’ Compensation Programs (“OWCP”) filed a brief limited to the question of whether Galle filed a timely notice of appeal to the Board. The Director construes the relevant federal rules and regulations to require the conclusion that Galle’s notice of appeal was timely. We agree, and affirm the Board’s determination that Galle filed a timely appeal with the Board. We likewise affirm the Board’s decision on the merits of Galle’s claim for disability benefits.

I. BACKGROUND

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