(a) A party. (1) Any party or party-in-interest adversely affected
or aggrieved by a decision or order issued pursuant to one of the Acts
over which the Board has appellate jurisdiction may appeal a decision or
order of an administrative law judge or deputy commissioner to the Board
by filing a notice of appeal pursuant to this subpart. (See
Sec. 802.205(b) and (c) for exceptions to this general rule.) A party
who files a notice of appeal shall be deemed the petitioner. The
Director, OWCP, when acting as a representative of the Special Fund
established under the Longshore and Harbor Workers' Compensation Act or
the Black Lung Disability Trust Fund established by the Black Lung
Benefits Act, or, when appealing a decision or order which affects the
administration of one of the Acts, shall be considered a party adversely
affected.
(2) When a decision or order is favorable to a party (i.e., the
prevailing party), the prevailing party may file a cross-appeal pursuant
to Sec. 802.205(b) to challenge any adverse findings of fact or
conclusions of law in the same proceeding.
(b) Representative parties. In the event that a party has not
attained the age of 18, is not mentally competent, or is physically
unable to file and pursue or defend an appeal, the Board may permit any
legally appointed guardian, committee, or other appropriate
representative to file and pursue or defend the appeal, or it may in its
discretion appoint such representative for purposes of the appeal. The
Board may require any legally appointed representative to submit
evidence of that person's authority.
