Maria Jordan v. Dyncorp International, LLC (Board decision, March 6, 2018)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board dismissed Maria Jordan's appeal with prejudice because the district director's letter was not an appealable order. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration 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

Maria Jordan appealed a December 19, 2017 letter from the district director in a Longshore claim against Dyncorp International, LLC and Continental Casualty Company. The letter told her counsel that requested emails were not part of the official administrative law judge record and had been sealed by the judge. The Board held that the letter did not take formal action on an issue within the district director's jurisdiction and therefore was not an appealable order. It dismissed the appeal with prejudice.

Decision snapshot

• Authority: 33 U.S.C. § 921; 20 C.F.R. § 802.201(a); 20 C.F.R. § 802.205; 20 C.F.R. § 802.210
• Outcome: Appeal dismissed with prejudice because the challenged letter was not an appealable order.
• Key point: A communication about the contents and sealing of an administrative record is not appealable when it does not formally decide an issue within the district director's jurisdiction.

Full text (DOL BRB public release)

Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

U.S. Department of Labor

BRB No. 18-0158
Case No. 2015-LDA-00030
OWCP No. 02-233683
MARIA JORDAN
Claimant-Petitioner
v.
DYNCORP INTERNATIONAL, LLC
Employer-Respondent
and
CONTINENTAL CASUALTY COMPANY
Carrier-Respondent
DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR
Party-in-Interest

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DATE ISSUED: Mar. 6, 2018

ORDER

Claimant has filed a timely notice of appeal of the December 19, 2017, letter of District Director David Widener. 33 U.S.C. §921; 20 C.F.R. §§802.205, 802.210. This appeal is assigned the Board’s docket number 18-0158. We dismiss claimant’s appeal. The District Director’s letter is not an appealable order. See, e.g., Craven v. Director, OWCP, 604 F.3d 902, 44 BRBS 31(CRT) (5th Cir. 2010); 33 U.S.C. §921(b)(3); 20 C.F.R. §802.201(a); see also Maria v. Del Monte/Southern Stevedore, 22 BRBS 132 (1989) (en banc); Anweiler v. Avondale Shipyards, Inc., 21 BRBS 271 (1988). In his letter, the District Director merely informed claimant’s counsel that the emails he requested are not included in the official OALJ record and have been sealed by the OALJ. The District Director did not take any formal

action on any issue within his jurisdiction. See generally Healy Tibbitts Builders, Inc. v. Cabral, 201 F.3d 1090, 33 BRBS 209(CRT) (9th Cir.), cert. denied, 531 U.S. 956 (2000). Accordingly, claimant’s appeal is dismissed with prejudice. SO ORDERED.

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BETTY JEAN HALL, Chief
Administrative Appeals Judge

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RYAN GILLIGAN
Administrative Appeals Judge

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JONATHAN ROLFE
Administrative Appeals Judge

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