BRB No. 94-3940 BLA
                               CASE No. 93-BLA-0160
                              


JAMES W. SHELTON                   )
                         )
            Claimant-Petitioner    )
                         )
      v.                           )
                         )
CLAUDE V. KEEN TRUCKING COMPANY    )    DATE ISSUED:   09/22/1995    

                         )
            Employer-Respondent    )
                         )
DIRECTOR, OFFICE OF WORKERS'       )
COMPENSATION PROGRAMS, UNITED      )
STATES DEPARTMENT OF LABOR         )
                         )
            Party-in-Interest      )     ORDER

     By Order dated December 6, 1994, the Board acknowledged the receipt of
claimant's Notice of Appeal and directed claimant's lay representative to file a
petition for review and brief in the captioned case.  By letter dated December
20, 1994, Tim White of Stone Mountain Health Services requested that the Board
consider claimant to be representing himself and that this appeal be reviewed
accordingly.  Although Mr. White uses the term "lay representative," we construe
his statements to indicate that he will not be acting as a bona fide lay
representative, as is authorized to provide counsel to claimants under the Act,
see 20 C.F.R. §§725.363(b), 725.364, 725.365, 725.366, and
which are required to adequately brief issues raised before the Board, see
Burkholder v. Director, OWCP, 8 BLR 1-58 (1985); 20 C.F.R. §802.211(a),
(b), (d), and who may seek fees for services rendered, see 20 C.F.R.
§§725.365, 725.366; but see Harrison v. Liberty Mutual Insurance
Co., 3 BLR 1-596 (1981)(holding that, under 20 C.F.R. §725.365 and
725.367, the fees approved for the lay representative by the adjudication
officer cannot be assessed against an employer, the Trust Fund or made a lien
against claimant's benefits, but must be billed directly to claimant).  We thus
conclude that Mr. White is merely assisting claimant in filing his pro se
appeal and is neither rendering professional services nor expecting to apply for
compensation under the provisions of Title IV of the Federal Coal Mine Health
and Safety Act of 1969, as amended, 30 U.S.C. §901 et seq. (the
Act), for any assistance provided claimant in pursuing this appeal.  We will
therefore consider claimant to be representing himself in this appeal,
see 20 C.F.R. §§802.211(e), 802.220; cf. 20 C.F.R.
§802.202(d)(2), (e)(2)(addressing requirements for proper briefing of
petitioner's appeal before the Board).[1] 

     In an appeal by a claimant filed without the assistance of counsel, the
Board considers the issue raised to be whether the Decision and Order below is
supported by substantial evidence.  see Hodges v. BethEnergy Mines, Inc.,
18 BLR 1-85 (1994); McFall v. Jewell Ridge Coal Corp., 12 BLR 1-176
(1989); Stark v. Director, OWCP, 9 BLR 1-37 (1986).  We therefore modify
the Board's order of December 6, 1994, to delete the requirement that Mr. White
file a petition for review and brief on behalf of claimant, and, in view of
claimant's pro se status, we hold that no further action is required of
claimant to perfect this appeal, see 20 C.F.R. §§802.211(e),
802.220.

     In its response brief, employer urges that claimant's appeal was not timely
filed, see 20 C.F.R. §§725.479, 725.481, 802.205, 802.207.  We
reject this contention, as there is no evidence in the record indicating that
the appeal from the administrative law judge's decision and order in this case
was not timely filed, see 20 C.F.R. §802.207.






















     In view of our modification of the Board's acknowledgement order of
December 6, 1994, we grant employer thirty (30) days from the date of receipt of
this order in which to file a supplemental brief, see 20 C.F.R.
§802.215; see also 20 C.F.R. §802.212.  During this period, the
Director, Office of Workers' Compensation Programs, may also file a brief, if
she chooses to do so, see 20 C.F.R. §802.215; see also 20
C.F.R. §802.212.

     SO ORDERED.
     
                                                       
                         BETTY JEAN HALL, Chief
                         Administrative Appeals Judge


                                                       
                         NANCY S. DOLDER 
                         Administrative Appeals Judge


                                                       
                         REGINA C. McGRANERY
                         Administrative Appeals Judge


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Footnotes.
 1) We note that communications by Stone Mountain Health
Services personnel to the Clerk of the Board indicate that other Stone Mountain
Health Services employees are also assisting claimants without counsel in filing
their appeals before the Board.  We also note that the acknowledgment orders to
be issued henceforth by the Clerk of the Board in such cases will reflect the
pro se nature of those appeals, consistent with the reasoning set forth
in this order.
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