Christopher McGuckin v. Global Terminal & Container Services, Incorporated and Signal Mutual Indemnity Association, Limited c/o Acclaim Risk Management (Board decision, April 11, 2018)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board denied reconsideration of its earlier decision, which had returned wage-capacity and cardiac-condition issues to the administrative law judge. Those issues remained unresolved on remand. 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 § 802.407.

Plain-English summary

Christopher McGuckin, representing himself, asked the Benefits Review Board to reconsider its December 2017 ruling in his Longshore Act claim against Global Terminal & Container Services. That ruling had added a month of total disability benefits, preserved his permanent partial disability award, and upheld the denial of medical benefits for a right shoulder condition. It had also sent his post-injury wage capacity and the work-relatedness of his cardiac conditions back to the administrative law judge. The Board found no error identified in McGuckin's motion and none of its own, so it denied reconsideration and affirmed its earlier decision. The remanded issues still required action by the judge.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Reconsideration denied; the Board's earlier decision affirmed, with wage-capacity and cardiac-condition issues still on remand.
• Key point: The Board found no error warranting reconsideration of its earlier ruling.

Full text (DOL BRB public release)

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

BRB No. 17-0232

CHRISTOPHER McGUCKIN
)
)
Claimant-Petitioner
)
)
v. )
)
GLOBAL TERMINAL & CONTAINER
) DATE ISSUED: Apr. 11, 2018
SERVICES, INCORPORATED
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED c/o
) ORDER on MOTION for
ACCLAIM RISK MANAGEMENT
) RECONSIDERATION

Claimant, who is without legal counsel, has timely filed a motion for reconsideration of the Board’s decision in McGuckin v. Global Terminal & Container Services, Inc., BRB No. 17-0232 (Dec. 21, 2017) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer responds that claimant’s motion is without merit.

In its decision, the Board modified the administrative law judge’s decision to award an additional period of total disability benefits from January 11 to February 10, 2016; the ongoing permanent partial disability award was affirmed. The Board remanded the case for the administrative law judge to adjust claimant’s post-injury wage-earning capacity for inflation. The Board affirmed the denial of medical benefits for claimant’s right shoulder condition as it is not related to his employment. The Board remanded the case for the administrative law judge to address the work-relatedness of claimant’s cardiac conditions. The Board declined to address claimant’s contentions concerning his “intestinal prolapse” because this claim was withdrawn at the hearing and his right knee injury because a claim for this injury was not before the administrative law judge. Claimant has not identified any error in the Board’s discussion of the evidence or in its conclusions, nor has the Board discerned any. Therefore, we deny claimant’s motion for reconsideration.1

Accordingly, claimant’s motion for reconsideration is denied.
20 C.F.R.
§802.409. The Board’s decision is affirmed.

SO ORDERED.

_________
BETTY JEAN HALL, Chief
Administrative Appeals Judge

_________
JUDITH S. BOGGS
Administrative Appeals Judge

_________
GREG J. BUZZARD
Administrative Appeals Judge

1
If claimant believes he is not obtaining appropriate medical care for the injuries found to be work-related to date, i.e., his left knee and psychological conditions, he should contact the district director’s office. 20 C.F.R. §702.407. Claimant also may seek modification of the administrative law judge’s decision on remand within one year after the last decision or the last payment of benefits, based on a change in condition or a mistake in a determination of fact. 33 U.S.C. §922.

2