Billy Ray Wilson v. The Boeing Company as successor to McDonnell Douglas Services (Board decision, May 31, 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 This unpublished decision is not precedent.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

Billy Ray Wilson asked the Board to reconsider its earlier decision in his Longshore Act matter. After considering his arguments, no panel member voted to change the decision. The Board denied reconsideration and affirmed its prior ruling. The order does not restate the underlying merits.

Decision snapshot

• Authority: 33 U.S.C. § 921(b)(5); 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Reconsideration motion denied; prior decision affirmed.
• 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. 17-0577

BILLY RAY WILSON
)
)
Claimant-Petitioner
)
)
v. ) DATE ISSUED: May 31, 2018
)
THE BOEING COMPANY, AS
)
SUCCESSOR TO MCDONNELL
)
DOUGLAS SERVICES
)
)
and
)
)
AMERICAN CASUALTY COMPANY OF
)
READING, PENNSYLVANIA
)
)
Employer/Carrier-
) ORDER on MOTION for
Respondents
) RECONSIDERATION

Claimant, appearing without counsel, has filed a timely motion for reconsideratio n of the Board’s decision in Wilson v. The Boeing Co., __ BRBS ___, BRB No. 17-0577 (Apr. 5, 2018). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer 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