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					BRB Nos. 04-0722
					and 04-0722A
					Case No. 02-LHC-1336
					OWCP No. 14-0126578

		Claimant-Respondent		)	DATE ISSUED: 10/07/2004
		Cross-Petitioner		)
	v. 					)
	and					)
		Employer/Carrier-		)
		Petitioners			)
		Cross-Respondents		)	ORDER

By Order dated September 16, 2004, the Board directed employer to show cause why its supplemental appeal should not be dismissed for failure to file a timely Petition for Review and brief in the captioned case. 20 C.F.R. §§802.2218(b),802.402(a).

On September 28, 2004, the Board received employer’s timely response to the Board’s Order. Employer’s counsel indicates that no Petition for Review and brief will be filed because there is no independent challenge in the supplemental appeal.

Section 802.211(a) of the Board’s Rules of Practice and Procedure, 20 C.F.R. §802.211(a)(b), requires that within thirty (30) days after the receipt of an acknowledgment of a notice of appeal issued pursuant to §802.210, the petitioner shall submit a petition for review to the Board which petition lists the specific issues to be considered on appeal accompanied by a supporting brief.

Since employer has no intention of filing a Petition for Review and brief in its supplemental appeal, the Board dismisses employer’s supplemental appeal. 20 C.F.R. §§802.211, 802.402.

The Board is in receipt of claimant’s Petition for Review and brief in BRB No. 04-0722A. Claimant is also forwarding a copy of an article in The Oregonian of September 12, 2004. 20 C.F.R. §§802.211, 802.219.

Counsel for claimant is advised that the article in The Oregonian of September 12, 2004, is not contained in the record of this case forwarded to the Board by the district director. The Board’s scope of review is limited to the record developed at the hearing before the administrative law judge. 20 C.F.R. §802.301. The article of September 12, 2004, is being returned to counsel for claimant with this Order.

If counsel for claimant has additional evidence, which establishes a change in condition or a mistake of fact in the administrative law judge’s decision, claimant may apply for modification from the Office of the District Director. A copy of the procedure claimant’s counsel should follow if he wishes to seek modification is enclosed with this Order.

By Order of the Board:

Thomas O. Shepherd, Jr.

Clerk of the Board

NOTE: This is a LHCA Unpublished Document

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