Benny J. Felt v. Director, Office of Workers' Compensation Programs San Pedro Tomco State Compensation Insurance Fund
Opinion
Opinion
ORDER
Petitioner Benny Felt seeks review of an order of the Benefits Review Board issued on April 23, 1992. The Board affirmed the Administrative Law Judge’s denial of Felt’s claim for compensation under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 . We do not reach the merits of Felt’s petition, as we lack jurisdiction to review it.
A petition to review a final determination of the Board must be filed in this court within sixty days. 33 U.S.C. § 921 (c). The sixty-day filing period expired on June 22, 1992, the day that Felt placed his petition in the mail. The Clerk filed Felt’s petition on June 29, 1992, sixty-seven days after the Board issued its decision. We therefore ordered Felt to show cause why his petition should not be dismissed as untimely.
In his response to our Order to Show Cause, Felt maintains that he filed his petition on June 22, but - admits that he did not receive a return receipt from the Clerk’s office until June 26. Felt errs in equating mailing with filing: While the Federal Rules of Appellate Procedure permit the filing of papers by mail, the papers will not be regarded as filed until they are received by the Clerk.…