Barry Maggard v. Kat Ran Enterprises, Incorporated (Board decision, May 15, 2020)

BRB interlocutory order. This unpublished order is not precedent. The Board denied the employer's motion to reconsider its earlier decision. This order does not decide benefits entitlement. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Kat Ran Enterprises asked the Board to reconsider its September 2019 decision in Barry Maggard's black lung case. The claimant and the OWCP Director did not respond. After considering the employer's arguments, the Board found its earlier disposition consistent with the reasoning in McCauley v. DLR Mining and denied reconsideration. The order does not state what the earlier decision held or decide Maggard's benefits entitlement.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301(c), 802.407, and 802.409.
• Outcome: Employer's motion for reconsideration denied.
• Key point: The Board found its earlier disposition consistent with the reasoning in McCauley v. DLR Mining.

Full text (DOL BRB public release)

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

BRB No. 18-0451 BLA
Case No. 2017-BLA-05117

BARRY MAGGARD
)
)
Claimant-Petitioner
)
)
v. )
)
KAT RAN ENTERPRISES,
) DATE ISSUED: 05/15/2020
INCORPORATED
)
)
and
)
)
COMMERCE & INDUSTRY/CHARTIS
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER ON MOTION
Party-in-Interest
) FOR RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s Decision and Order in this case, Maggard v. Kat Ran Enterprises, Inc., BRB No. 18-0451 BLA (Sept.
11, 2019). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a). Neither claimant nor the
Director, Office of Workers’ Compensation Programs, has responded. After consideration
of employer’s contentions, the Board denies employer’s motion for reconsideration as its
disposition of this case is consistent with the rationale set forth in McCauley v. DLR
Mining, Inc., BLR , BRB No. 18-0606 BLA, slip op. at 5 (Nov. 12, 2019). 20 C.F.R.
§§801.301(c), 802.409.
By Order of the Board:

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

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