Edward Rodgers v. Consolidation Coal Company (Board decision, March 28, 2019)

BRB final decision. This unpublished order is not precedent. The Board denied reconsideration because no panel member voted to change the earlier decision. 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; reconsideration is governed by 20 C.F.R. §§ 802.407 and 802.409.

Plain-English summary

Consolidation Coal Company requested reconsideration of an earlier Benefits Review Board decision in Edward Rodgers's black lung case. The Board's order states that no panel member voted to vacate or modify that decision. It denied the employer's motion for reconsideration. This order does not state the underlying benefits ruling or its reasoning.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407(a), 802.409.
• Outcome: Employer's motion for reconsideration denied.
• Key point: No panel 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. 17-0018 BLA
Case No. 2014-BLA-05602

EDWARD RODGERS
)
)
Claimant-Respondent
)
)
v. )
)
CONSOLIDATION COAL COMPANY
)
) DATE ISSUED: 03/28/2019
Employer-Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

As no member of the panel has 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(b); 802.407(a); 802.409.

By Order of the Board:

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