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					BRB No. 05-252
					Case No. 04-LHC-0201
					OWCP No. 18-0076916


DENISE ROSE McDUFFIE				)
						)	DATE ISSUED: 12/23/2004
		Claimant-Petitioner		)
						)
	v. 					)
						)
EAGLE MARINE SERVICES				)
						)
		Employer-Respondent		)	ORDER


The Board acknowledges receipt of claimant’s Notice of Appeal in the captioned case. Claimant appeals the administrative law judge’s Decision and Order Denying Benefits issued September 24, 2004 and the administrative law judge’s Order Denying Claimant’s Motion for Reconsideration filed November 1, 2004. Claimant’s appeal is assigned the Board’s docket number, BRB No. 05-252.

Section 802.205 of the Board’s Rules of Practice and Procedure, 20 C.F.R. §802.205, provides that a Notice of Appeal must be filed within thirty (30) days from the date upon which the Decision and Order was filed in the Office of the District Director. In addition, Section 802.207(b) provides that if a Notice of Appeal is sent by mail and the fixing of the date of delivery, as the date of filing would result in a loss or impairment of appeal rights, the appeal will be considered to have been filed as the date of mailing. The date appearing on the U.S. Postal Service postmark shall be prima facie evidence of the date of mailing. 20 C.F.R. §802.207(b).

Claimant’s Notice of Appeal is postmarked December 2, 2004, and was received by the Board on December 7, 2004. Claimant’s appeal should have been filed on or before December 1, 2004. Accordingly, claimant’s appeal is dismissed as untimely filed. 20 C.F.R. §802.205.

ROY P. SMITH

Administrative Appeals Judge

REGINA C. McGRANERY

Administrative Appeals Judge

BETTY JEAN HALL

Administrative Appeals Judge



NOTE: This is a LHCA Unpublished Document


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