Claris I. Fite Rose v. Director, Office of Workers’ Compensation Programs (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 This unpublished order is not precedent.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

Claris Fite Rose requested reconsideration of an earlier Benefits Review Board decision. The Board's order states that no panel member voted to vacate or modify that decision. It denied the motion for reconsideration. This short order does not state the facts or outcome of the underlying benefits claim.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407(a), 802.409.
• Outcome: 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. 17-0421 BLO

CLARIS I. FITE ROSE
)
)
Claimant-Petitioner
)
)
)
v. ) DATE ISSUED: 03/28/2019
)
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Respondent
) RECONSIDERATION

As no member of the panel has voted to vacate or modify the decision herein, the motion for reconsideration filed by claimant 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