William H. Groves v. Arch on the Green, Incorporated and Liberty Mutual Insurance Group (Board decision, June 27, 2019)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied William Groves's request to reconsider its earlier affirmance of an attorney fee award. 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

William Groves asked the Board to reconsider its May 2019 decision in an attorney fee dispute arising from his black lung claim. That decision had affirmed a judge's fee award after both sides challenged it. No Board panel member voted to change the prior ruling. The Board denied reconsideration, leaving the fee award in place.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. § 802.409.
• Outcome: Reconsideration denied; earlier attorney fee decision stands.
• Key point: No panel member voted to modify or vacate the earlier fee ruling.

Full text (DOL BRB public release)

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

BRB Nos. 18-0289 BLA and 18-0289 BLA-A
Case No. 2016-BLA-05538

WILLIAM H. GROVES
)
)
Claimant-Petitioner
)
Cross-Respondent
)
)
v. )
)
ARCH ON THE GREEN, INCORPORATED
)
)
and
)
)
LIBERTY MUTUAL INSURANCE GROUP
) DATE ISSUED: 06/27/2019
)
Employer/Carrier-
)
Respondents
)
Cross-Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Claimant has timely filed a motion for reconsideration of the Board’s decision in this case, Groves v. Arch on the Green, Inc., BRB Nos. 18-0289 BLA and 18-0289 BLA-A (May 6, 2019) (unpub). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a). As no member of the panel has voted to vacate or modify the decision herein, claimant’s motion for reconsideration is denied. 20 C.F.R.
§§801.301(b); 802.409.

By Order of the Board:

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