Clarence J. Simon v. Longnecker Properties, Incorporated and SeaBright Insurance Company (Board decision, March 21, 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 This unpublished order is not precedent.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

Clarence Simon requested reconsideration of an earlier Benefits Review Board decision. The Board treated the request as timely because it had not served Simon and his lawyer at their correct addresses until December 2018. After reviewing his contentions, no panel member voted to change the decision. The Board denied reconsideration. This short order does not describe the merits of the underlying claim.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Motion for reconsideration denied.
• Key point: The Board reviewed the timely motion, and no panel member voted to change its 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. 17-0579

CLARENCE J. SIMON
)
)
Claimant-Petitioner
)
)
v. )
)
LONGNECKER PROPERTIES,
) DATE ISSUED: 03/21/2019
INCORPORATED
)
)
and
)
)
SEABRIGHT INSURANCE COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Respondent
) ORDER

Claimant has filed a timely motion for reconsideration of the Board’s decision in the captioned case, Simon v. Longnecker Properties, Inc., BRB No. 17-0579 (Oct. 11, 2018).1 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer responds that claimant’s motion should be denied. After consideration of claimant’s contentions and review of the Board’s decision, no member of the panel has voted to vacate or modify the decision herein.

1
The Board’s Decision and Order was not served on claimant and claimant’s counsel at their correct addresses until December 26, 2018.

Accordingly, claimant’s motion for reconsideration is denied. 20 C.F.R. §§801.301,
802.407, 802.409.

By Order of the Board:

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

2