Hannelore Bass (widow of Donald Bass) v. Plant Insulation Company, Incorporated (Board decision, January 30, 2018)

BRB interlocutory order. This unpublished decision is not precedent. Appeal dismissed without prejudice and remanded for modification. 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

Hannelore Bass appealed a denial of death benefits under the Longshore Act. After filing a modification request with the district director, she asked the Board to dismiss her appeal without prejudice. The Board granted the request and remanded for modification proceedings. Her appeal can be reinstated if she files the required motion within 30 days after the modification decision.

Decision snapshot

• Authority: 33 U.S.C. § 922; 20 C.F.R. § 802.301(c).
• Outcome: Appeal dismissed without prejudice and remanded for modification.
• Key point: The death benefits claim remains open in modification proceedings.

Full text (DOL BRB public release)

U.S. Department of Labor Benefits Review Board P.O. Box 37601
Washington, DC 20013-7601

BRB No. 18-0036
Case No. 2015-LHC-00930
OWCP No. 13-107227

HANNELORE BASS
)
(Widow of DONALD BASS)
)
)
Claimant-Petitioner
)
)
v. )
)
PLANT INSULATION COMPANY,
) DATE ISSUED: Jan. 30, 2018
INCORPORATED
)
)
and
)
)
ACE AMERICAN INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
WESTERN MacARTHUR COMPANY
)
)
and
)
)
STATE COMPENSATION INSURANCE
)
FUND
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER
 By motion filed January 10, 2018, claimant moves the Board to dismiss her appeal without prejudice, as she has filed with the district director a motion for modification pursuant to Section 22 of the Act, 33 U.S.C. §922.
We grant claimant’s motion to dismiss her appeal without prejudice, and we remand this case to the district director for modification proceedings. 20 C.F.R.
§802.301(c). Claimant’s appeal of the administrative law judge’s Decision and Order Denying Death Benefits and the Order Denying Reconsideration will be reinstated provided claimant files a motion for reinstatement within 30 days of the date the decision on modification is filed by the district director. Any party adversely affected by the decision granting or denying modification may file a new appeal with the Board within 30 days of the date the decision on modification is filed. 33 U.S.C. §921(a); 20 C.F.R.
§§802.205, 802.301(c).

_________
BETTY JEAN HALL, Chief
Administrative Appeals Judge

_________
JUDITH S. BOGGS
Administrative Appeals Judge

_________
JONATHAN ROLFE
Administrative Appeals Judge