Wayne D. Powers v. Cumberland River Coal Company/Arch Coal, Incorporated (Board decision, March 12, 2019)

BRB final decision. This unpublished decision is not precedent. A Board decision ordinarily becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed 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

Cumberland River Coal sought Board reconsideration in Wayne Powers’s black lung case. No Board member voted to vacate or modify the earlier decision. The Board denied the employer’s motion in an en banc order. This short order does not describe the underlying benefits ruling.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer’s motion for reconsideration denied.
• Key point: No Board member voted to change the earlier decision.

Full text (DOL BRB public release)

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

BRB No. 16-0666 BLA

WAYNE D. POWERS
)
)
Claimant-Petitioner
)
)
v. ) DATE ISSUED: 03/12/2019
)
CUMBERLAND RIVER COAL
)
COMPANY/ARCH COAL,
)
INCORPORATED
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on
) RECONSIDERATION
Party-in-Interest
) EN BANC

As no member of the Board has affirmatively voted to vacate or modify the decision herein, the motion for reconsideration filed by employer is DENIED. 33 U.S.C.
§921(b)(5); 20 C.F.R. §§801.301(c), 802.407(a), (d), 802.409.

By Order of the Board:

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