Tufa Iuvale v. Coastal Marine Services (Board decision, March 12, 2019)

BRB final decision. This unpublished decision is not precedent. 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. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Coastal Marine Services and its carrier asked the Benefits Review Board to reconsider its earlier decision in Tufa Iuvale’s case. Iuvale opposed the motion, and the employer replied. No member of the Board voted to vacate or modify the earlier decision. The Board denied reconsideration and affirmed that decision. This order does not describe the underlying benefits dispute.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer’s motion for reconsideration denied; prior decision affirmed.
• Key point: No Board member voted to change the earlier decision.

Full text (DOL BRB public release)

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

BRB Nos. 18-0159 and 18-0159A

TUFA IUVALE
)
)
Claimant-Respondent
)
Cross-Petitioner
)
)
v. ) DATE ISSUED: 03/12/2019
)
COASTAL MARINE SERVICES
)
)
and
)
)
SEABRIGHT INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
Employer/Carrier-
) ORDER on MOTION for
Cross-Respondents
) RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s decision in the captioned case, Iuvale v. Coastal Marine Services, BRB Nos. 18-0159/A (Dec. 13, 2018). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant responded in opposition to employer’s motion, to which employer replied. After consideration of employer’s contentions, no member of the panel has voted to vacate or modify the Board’s decision. Accordingly, employer’s motion for reconsideration is denied, and the Board’s decision 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