Mandel Williams v. CB & I Offshore Services, Incorporated (Board decision, January 16, 2019)

BRB final decision. This unpublished decision is not precedent. The Board denied the reconsideration request, leaving its prior decision unchanged. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or a timely request for Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Mandel Williams asked the Benefits Review Board to reconsider its November 2018 decision in his longshore case. The order does not describe the earlier decision or the arguments in his motion. After reviewing them, no panel member voted to vacate or modify the decision. The Board denied reconsideration and left that decision in place.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Reconsideration denied; prior Board decision unchanged.
• Key point: The short order records no panel vote to change the prior decision.

Full text (DOL BRB public release)

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

BRB No. 18-0311

MANDEL WILLIAMS
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: 01/16/2019
CB & I OFFSHORE SERVICES,
)
INCORPORATED
)
)
and
)
)
AMERICAN LONGSHORE MUTUAL
)
ASSOCIATION
)
)
Employer/Carrier-
) ORDER on MOTION for
Respondents
) RECONSIDERATION

Claimant has filed a timely motion for reconsideration of the Board’s decision in the captioned case, Williams v. CB & I Offshore Services, Inc., BRB No. 18-0311 (Nov. 16, 2018). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. After consideration of claimant’s contentions and review of the Board’s decision, no member of the panel has voted to vacate or modify the decision herein. Accordingly, claimant’s motion for reconsideration is denied. 20 C.F.R. §§801.301, 802.407, 802.409.

By Order of the Board:

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