Freddie Moore v. National Mines Corporation (Board decision, January 27, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's motion for en banc reconsideration because a majority of its permanent members voted against changing the earlier decision. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under 20 C.F.R. § 802.407.

Plain-English summary

In Freddie Moore's black lung appeal, the employer sought reconsideration by the full Benefits Review Board. A majority of the Board's permanent members voted not to vacate or modify the earlier decision. The Board therefore denied the request for en banc reconsideration. This order leaves the earlier decision in place and makes no new merits ruling.

Decision snapshot

• Authority: En banc reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer's motion for en banc reconsideration denied.
• Key point: A majority of permanent Board members declined 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 No. 18-0427 BLA

FREDDIE MOORE
)
)
Claimant-Respondent
)
)
v. )
)
NATIONAL MINES CORPORATION
)
)
and
) DATE ISSUED: 01/27/2020
)
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on
) RECONSIDERATION
Petitioner
EN BANC

As a majority of the Board’s permanent members1 has voted not to vacate or modify the Decision and Order herein, the motion for reconsideration en banc filed by employer is DENIED. 33 U.S.C. §921(b)(5); 20 C.F.R. §§801.301(a); 802.407(a), (d); 802.409.

1 Judge Ryan Gilligan was on the original panel but is no longer a member of the Board.

By Order of the Board:

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

2