Maria Jordan v. DynCorp International, LLC (Board decision, January 18, 2019)

BRB final decision. This unpublished order is not precedent. The Board denied reconsideration, en banc review, and disqualification of the panel members, leaving its earlier dismissal of Jordan's appeal in place. Under 20 C.F.R. § 802.406, a timely reconsideration request makes the 60-day judicial-review period run from the Board's decision on reconsideration. A party may seek Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Maria Jordan asked the Benefits Review Board to reconsider its earlier order dismissing her appeal. She also requested review by the full Board and asked that the panel members be disqualified. DynCorp and its insurer opposed the requests. No panel member voted to grant disqualification, en banc reconsideration, or a change to the dismissal order. The Board denied the motions and affirmed its earlier order. This short release does not explain the grounds for the original dismissal.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Motions denied; the Board's earlier dismissal of the appeal affirmed.
• Key point: The Board left its dismissal in place after no panel member voted to change it or grant the other requested relief.

Full text (DOL BRB public release)

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

BRB No. 18-0128

MARIA JORDAN
)
)
Claimant-Petitioner
)
)
v. )
)
DYNCORP INTERNATIONAL, LLC
)
)
Employer-Respondent
)
)
and
) DATE ISSUED: 01/18/2019
)
CONTINENTAL CASUALTY COMPANY
)
)
Carrier-Respondent
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS,
)
UNITED STATES DEPARTMENT
)
OF LABOR
)
)
Party-in-Interest
) ORDER

Claimant has filed a timely “Motion for Reconsideration and Suggestion for Reconsideration En Banc” of the Board’s Order dismissing her appeal, Jordan v. DynCorp Int’l, LLC, BRB No. 18-0128 (Oct. 19, 2018). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant has also filed a “Motion to Disqualify Panel Members and Suggestion for En Banc Consideration.” Employer and carrier each responded, urging the Board to deny both motions. Claimant filed several reply briefs.

After consideration of claimant’s contentions and the responses of employer and carrier, no member of the panel has voted to grant claimant’s motion to disqualify panel members, to grant reconsideration en banc or to vacate or modify the Board’s Order of dismissal. Accordingly, claimant’s motions are denied, and the Board’s Order 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

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