Joel D. Coleman v. Kinder Morgan Bulk Terminals and Old Republic Insurance Company (Board decision, February 21, 2018)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board resolved this appeal. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

The employer and carrier asked the Board to reconsider its earlier decision in Joel Coleman’s Longshore Act case. A majority of permanent Board members did not vote to vacate or modify that decision. The Board denied the motion for reconsideration.

Decision snapshot

• Authority: 20 C.F.R. § 802.409.
• Outcome: Employer’s reconsideration motion denied.
• Key point: The Board left its earlier decision in place.

Full text (DOL BRB public release)

U.S. Department of Labor
Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

BRB No. 16-0623

JOEL D. COLEMAN
)
)
Claimant-Petitioner
)
)
v. )
)
KINDER MORGAN BULK TERMINALS
) DATE ISSUED: Feb. 21, 2018
)
and
)
)
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
) ORDER on MOTION
Respondents
) for RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s decision in the captioned case, Coleman v. Kinder Morgan Bulk Terminals, BRB No. 16-0623 (Nov. 14, 2017). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. After consideration of employer’s contentions and review of the Board’s decision, no member of the panel has voted to vacate or modify the decision herein. Accordingly, employer’s motion for reconsideration is denied. 20 C.F.R. §§801.301, 802.407, 802.409.

By Order of the Board:

_________
Thomas O. Shepherd, Jr.
Clerk of the Appellate
Boards