Marjorie Bell Smith (mother of Timothy M. Bell) v. Service Employees International, Incorporated (Board decision, August 21, 2018)

BRB final decision on reconsideration. This unpublished order is not precedent. The Board denied Marjorie Bell Smith's motion to reconsider its earlier decision denying death benefits. 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

Marjorie Bell Smith asked the Board to reconsider its decision denying her death benefits claim after her son's death. She submitted new evidence to support her claim that she depended on him. The Board returned the document because it cannot consider evidence that was not before the administrative law judge. It explained that she could seek modification through the district director within one year of this order if she wanted new evidence considered. With no other argument supporting reconsideration, the Board denied the motion and left its earlier decision in place.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. § 802.407; new evidence and modification under 20 C.F.R. § 802.301(b) and 33 U.S.C. § 922.
• Outcome: Reconsideration denied; earlier death benefits denial affirmed.
• Key point: The Board could not consider new evidence first submitted with the reconsideration motion.

Full text (DOL BRB public release)

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

BRB No. 17-0537

MARJORIE BELL SMITH
)
(Mother of TIMOTHY M. BELL, deceased)
)
)
Claimant-Petitioner
)
)
v. )
)
SERVICE EMPLOYEES
)
INTERNATIONAL, INCORPORATED
) DATE ISSUED: Aug. 21, 2018
)
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA
)
)
Employer/Carrier-
) ORDER on MOTION for
Respondents
) RECONSIDERATION

Claimant, appearing without counsel, has filed a timely motion for reconsideration of the Board’s decision in Bell Smith v. Service Employees Int’l, Inc., BRB No. 17-0537 (June 13, 2018) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant seeks to submit new evidence to the Board to support her claim that she was dependent upon her deceased son for the purposes of entitlement to death benefits under the Act. See 33 U.S.C.
§909. Employer has not responded to claimant’s motion.

The Board is prohibited from considering evidence that was not submitted to the administrative law judge. 20 C.F.R. §802.301(b). The document claimant submitted to the Board is therefore being returned to her. 20 C.F.R. §802.301(b). If claimant wishes to have new evidence considered in support of her claim, she may file a Section 22 motion

for modification with the district director within one year of the date of this Order. 33 U.S.C. §922; 20 C.F.R. §§702.373, 802.301(c).

Claimant has not raised any other contentions in support of her motion for reconsideration. Accordingly, claimant’s motion for reconsideration is denied and the Board’s decision is affirmed. 20 C.F.R. §802.409.

SO ORDERED.

JUDITH S. BOGGS
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge