Michael Robirds v. ICTSI Oregon, Incorporated and Signal Mutual Indemnity Association, Limited (Board decision, May 29, 2019)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied Michael Robirds's motion for en banc reconsideration of its earlier decision. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of reconsideration under §§ 802.407 and 802.409.

Plain-English summary

Michael Robirds sought en banc reconsideration of the Benefits Review Board's earlier decision in his Longshore Act case against ICTSI Oregon and its carrier. The employer opposed the motion. A majority of the Board's permanent members voted against reconsidering the decision. The Board therefore denied the motion and left its earlier decision in place. This short order does not discuss the underlying dispute or the reasons for the votes.

Decision snapshot

• Authority: En banc reconsideration under 33 U.S.C. § 921(b)(5), 20 C.F.R. § 801.301(c), and 20 C.F.R. § 802.407.
• Outcome: Claimant's en banc reconsideration motion denied.
• Key point: A majority of the Board's permanent members voted against reconsideration.

Full text (DOL BRB public release)

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

BRB No. 17-0635

MICHAEL ROBIRDS
)
)
Claimant-Petitioner
)
)
v. )
)
ICTSI OREGON, INCORPORATED
) DATE ISSUED: 05/29/2019
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on MOTION
) for RECONSIDERATION
Respondent
) EN BANC

Claimant has filed a timely motion for reconsideration en banc of the Board’s en banc decision in this case, Robirds v. ICTSI Oregon, Inc., 52 BRBS 79 (2019) (en banc) (Boggs, J., concurring). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer has filed a response, opposing claimant’s motion.

A majority of the permanent members of the Board has voted not to reconsider the Board’s decision. Therefore, claimant’s motion for reconsideration en banc is denied. 20 C.F.R.
§§801.301(c), 802.407(d), 802.409.

By Order of the Board:

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