Temmy Wolford, on behalf of and widow of Mark A. Wolford, v. KWV Operations, LLC and Brickstreet Mutual Insurance Company, Incorporated (Board decision, June 28, 2022)

BRB final decision on reconsideration. This unpublished order is not precedent. The Board granted the Director's motion, dismissed the employer's appeal, and returned the case to the district director for payment of benefits by the Black Lung Disability Trust Fund. The beneficiary's entitlement was not contested. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or timely Board reconsideration request is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Temmy Wolford pursued black lung benefits on behalf of and as widow of Mark Wolford. KWV Operations and its insurer asked the Board to reconsider an earlier decision assigning them responsibility for payment. The Director of OWCP then stated that the Black Lung Disability Trust Fund accepted liability and did not dispute entitlement. The Board granted the Director's motion, dismissed the appeal, and sent the case to the district director for Trust Fund payment.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B); Board reconsideration under 20 C.F.R. § 802.407(a).
• Outcome: Appeal dismissed and case remanded for payment by the Trust Fund.
• Key point: The Director accepted Trust Fund liability, ending the dispute over who would pay the benefits.

Full text (DOL BRB public release)

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

BRB Nos. 18-0151 BLA
18-0151 BLA-A and 18-0377 BLA
2014-BLA-05431 and 2017-BLA-05295

TEMMY WOLFORD
)
(o/b/o and Widow of MARK A. WOLFORD)
)
)
Claimant-Respondent
)
Cross-Petitioner
)
)
v. )
)
KWV OPERATIONS, LLC
)
)
and
)
)
BRICKSTREET MUTUAL INSURANCE
) DATE ISSUED: 6/28/2022
COMPANY, INCORPORATED
)
)
Employer/Carrier-Petitioners )
Cross-Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Employer and its Carrier (Employer) have filed a timely motion for reconsideration of the Benefits Review Board’s decision in Wolford v. KWV Operations, LLC, BRB Nos.
18-0151 BLA, 18-0151 BLA-A, 18-0377 BLA (July 29, 2019) (unpub.), affirming
Administrative Law Judge Larry Temin’s responsible operator designation. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). Employer argues liability for the payment of benefits
should transfer to the Black Lung Disability Trust Fund (Trust Fund).
 In response, on May 3, 2022, the Director, Office of Workers’ Compensation
Programs (the Director), filed a Motion to Remand for Payment of Benefits by the Black
Lung Disability Trust Fund. The Director states the Trust Fund accepts liability for this
claim and does not contest Claimant’s entitlement to benefits. The Director requests the
Board remand the case to the district director for the payment of benefits by the Trust Fund.

In view of the above, the Board grants the Director’s motion, dismisses this appeal, and remands this case to the district director for the payment of benefits by the Trust Fund.
See 26 U.S.C. §9501(d)(1)(B); 20 C.F.R. §725.1(c), (e).

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge