UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

SEAWARD MARINE SERVICES,

INCORPORATED,

Petitioner,

v.

No. 96-2661

DIRECTOR, OFFICE OF WORKERS'

COMPENSATION PROGRAMS, UNITED

STATES DEPARTMENT OF LABOR,

Respondent.

On Petition for Review of an Order

of the Benefits Review Board.

(94-2323)

Submitted: October 28, 1997

Decided: December 4, 1997

Before WILKINS, LUTTIG, and MICHAEL, Circuit Judges.

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Dismissed by unpublished per curiam opinion.

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COUNSEL

R. John Barrett, Kelly O. Stokes, VANDEVENTER, BLACK, MEREDITH & MARTIN, Norfolk, Virginia, for Petitioner. J. Davitt

McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate

Solicitor, Arthur F. Rosenfeld, UNITED STATES DEPARTMENT

OF LABOR, Washington, D.C., for Respondent.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Seaward Marine Services, Incorporated ("Seaward Marine") petitions this court for review of the summary affirmance by the Benefits

Review Board ("BRB") of the administrative law judge's ("ALJ")

decision denying Seaward Marine's application for relief under 33

U.S.C. § 908(f) (1994), as untimely filed and awarding benefits to

claimant under the Longshore and Harborworkers' Compensation Act

("Act"). Because we find that Seaward Marine filed its petition for

review after the applicable appeal period expired, we dismiss the

appeal for lack of jurisdiction.

Parties aggrieved by a decision of the BRB have sixty days to file

a petition for review in the court of appeals. See 33 U.S.C. § 921(c)

(1994). We have held that § 921(c) is jurisdictional and requires that

the petition for review be filed in the clerk's office of the court within

sixty days of the BRB's decision. See Adkins v. Director, Office of

Workers' Compensation Programs, 889 F.2d 1360, 1361-63 (4th Cir.

1989).

On September 12, 1996, the BRB sent the parties a notice stating

that all appeals to the BRB relating to claims under the Act which

were pending before the BRB for more than one year shall, if not

acted upon before September 12, 1996, be considered affirmed by the

BRB. See Omnibus Consolidated Rescissions and Appropriations Act

of 1996, Pub. L. No. 104-134, § 101(d), 110 Stat. 1321, 1321-219.

Seaward Marine's appeal met these criteria, and the BRB informed

the parties that the ALJ's decision had been effectively affirmed by

the BRB on September 12, 1996, for purposes of their rights to obtain

review in this court. Because the BRB issued its notice on September

12, 1996, the sixty-day appeal period expired on November 12,

1996.* Seaward Marine's petition for review was filed in this court

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*The 60th day fell on November 11, 1996, a legal holiday. Under Fed.

R. App. P. 26(a), the parties had an additional day to file a petition for

review.

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on November 13, 1996--one day outside the applicable sixty-day

period. We therefore find that the petition for review is untimely.

Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument based on our prior order granting the

motion to submit the case on briefs.

DISMISSED

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