Nathan Lewis, Sr. v. ADM Grain River System, Incorporated (Board decision, April 30, 2018)

BRB final decision. This unpublished decision is not precedent. A final 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

Nathan Lewis asked the Board to reconsider its earlier decision affirming dismissal of his settlement challenge. After reviewing his arguments, no panel member voted to change the ruling. The Board denied reconsideration and affirmed its February 2018 decision. The order did not reopen the settlement dispute.

Decision snapshot

• Authority: 33 U.S.C. § 921(b)(5); 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Reconsideration denied and earlier Board decision affirmed.
• Key point: No panel member voted to modify the prior 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. 17-0466

NATHAN LEWIS, SR.
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: Apr. 30, 2018
ADM GRAIN RIVER SYSTEM,
)
INCORPORATED
)
)
Self-Insured
) ORDER on MOTION for
Employer-Respondent
) RECONSIDERATION

Claimant, appearing without counsel, has filed a timely motion for reconsideration of the Board’s decision in Lewis v. ADM Grain River System, Inc., BRB No. 17-0466 (Feb. 5, 2018) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer has not responded to claimant’s motion. After consideration of claimant’s contentions, no member of the panel has voted to vacate or modify the Board’s decision. Accordingly, claimant’s motion for reconsideration is denied, and the Board’s decision is affirmed. 20 C.F.R.
§§801.301(c), 802.409.

By Order of the Board:

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