Claris I. Fite Rose v. Director, Office of Workers' Compensation Programs (Board decision, July 26, 2019)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied Claris Rose's motion to reconsider its March 28, 2019 order. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under 20 C.F.R. §§ 802.407 and 802.409.

Plain-English summary

Claris Rose, representing herself, asked the Benefits Review Board to reconsider its March 28, 2019 order, which had denied reconsideration of an earlier decision. The Board stated that no panel member voted to vacate or modify its decision. It denied her new reconsideration motion. This short order does not describe the underlying benefits claim or explain the grounds Rose raised.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Motion for reconsideration denied; March 28 order left in place.
• Key point: No panel member voted to vacate or modify the Board's 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. 17-0421 BLO

CLARIS I. FITE ROSE
)
)
Claimant-Petitioner
)
)
v. ) DATE ISSUED: 07/26/2019
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Respondent
) RECONSIDERATION

Claimant, without counsel, has filed a timely motion for reconsideration of the Board’s March 28, 2019, Order denying reconsideration in Rose v. Director, OWCP, BRB No. 17-0421 BLO (May 23, 2018) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407.
No member of the panel has voted to vacate or modify the Board’s decision.1 Therefore,
claimant’s motion for reconsideration is denied. 20 C.F.R. §§801.301(b); 802.409.

By Order of the Board:

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

1
Chief Administrative Appeals Judge Judith S. Boggs was substituted on this panel due to the retirement of Chief Administrative Appeals Judge Betty Jean Hall. 20 C.F.R.
§802.407(a).