SPECIAL ORDER
Benefits Review Board Case Processing During the Lapse in Appropriations
Effective October 1, 2025
IT IS ORDERED THAT, except as specified below, all deadlines in cases currently pending before the Benefits Review Board (BRB) remain in effect. In addition, all parties are expected to meet statutory and regulatory requirements, including deadlines, for filing appeals and petitions for review.
Filings: The BRB’s eFile/eServe system (EFS) will continue to receive party-submitted filings during the lapse in appropriations period, and filings will be deemed filed and received as of the date they are filed with EFS. However, the BRB will not process or accept these filings until the BRB resumes normal operations. The BRB will receive paper-filed documents daily – these documents will be dated as of the date the Clerk of the Appellate Boards received them. As the time for filing an initial appeal with the Benefits Review Board is a statutory claim-processing rule, parties must continue to timely file Notices of Appeal during the funding lapse period in accordance with controlling law. See Dominguez et al. v. Bethlehem Steel Corp. et al., BLR , BRB Nos. 24-0222, 24-0201, & 24-0390 BLA (Sept. 25, 2025) (order); 33 U.S.C. §921(a), as incorporated by 30 U.S.C. §932(a). This decision may be found on the Benefits Review Board website under published Black Lung decisions and published Longshore decisions.
Service: According to 20 C.F.R. §802.223(d), “[a] document filed via [EFS] is considered received by registered users on the date it is sent by the system . . . [u]nless the party making service is notified that the document was not received by the party served . . . .” Accordingly, this Special Order is notice that, because of and during the funding lapse period, the BRB will not serve any EFS-submitted filings on other registered parties or required recipients. Therefore, parties submitting a filing via EFS during the funding lapse period must effectuate service on other registered parties or required recipients by other lawful means. See 20 C.F.R. §802.223(b)(1)(i)-(iii), (2)(i) (providing for service by personal delivery, mail, commercial delivery, and electronic mail if consented to in writing by the person served). Because the BRB cannot serve EFS-submitted filings during a funding lapse period, this Special Order provides appropriate relief by allowing these other forms of service. See 20 C.F.R. §802.222(d)(5) (“If a technical malfunction or other issue prevents access to the Board’s case management system for a protracted period, the Board by special order may provide appropriate relief pending restoration of electronic access.”).
The Director, Office of Workers’ Compensation Program (Director): Finally, all motion and briefing deadlines, and deadlines for similar papers, that pertain to the Director will be STAYED as to the Director only during the lapse period. See 20 C.F.R. §802.222(d)(4) (“A document filed electronically is a written paper for purposes of this Part.”). Such deadlines as to all other parties will remain in effect.
