Ronald Lawson v. Unicorn Mining, Incorporated and Birmingham Fire Insurance Company (Board decision, October 23, 2020)

BRB final decision. This unpublished order is not precedent. The Board denied the employer and carrier’s reconsideration motion, leaving its earlier decision in place. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request filed under 20 C.F.R. § 802.407.

Plain-English summary

Ronald Lawson’s employer and carrier sought reconsideration of a July 2019 Board decision in his black lung case. Their motion was timely. No panel member voted to vacate or modify the earlier decision, so the Board denied reconsideration. This short order does not restate the earlier decision’s merits.

Decision snapshot

• Authority: Reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: The Board denied the employer and carrier’s reconsideration motion, leaving its earlier decision in place.
• Key point: A timely reconsideration motion was denied because no panel member voted 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. 18-0414 BLA
Case No. 2014-BLA-05493

RONALD LAWSON
)
)
Claimant-Petitioner
)
)
v. )
)
UNICORN MINING, INCORPORATED/
) DATE ISSUED: 10/23/2020
BIRMINGHAM FIRE INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier filed a timely motion for reconsideration of the Benefits Review Board’s decision in the captioned case, Lawson v. Unicorn Mining, Inc., BRB No.
18-0414 BLA (July 12, 2019). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. As no member
of the panel has voted to vacate or modify the Board’s decision, the motion is denied. 20
C.F.R. §§801.301(c), 802.409.

By Order of the Board:

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