Ana Bertha Perez v. Navy Exchange Service Command (Board decision, June 28, 2019)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied Ana Perez's request to reconsider its earlier decision on her injury claims. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of reconsideration under §§ 802.407 and 802.409.

Plain-English summary

Ana Perez asked the Board to reconsider its March 2019 decision in her claim against Navy Exchange Service Command. The employer opposed the request. No Board member voted to change the prior decision, so the Board denied reconsideration. The order noted that Perez could request modification from the district director if new evidence established a change in condition or a mistake of fact.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. § 802.409; modification under 33 U.S.C. § 922.
• Outcome: Reconsideration denied; prior decision affirmed.
• Key point: New evidence of a changed condition or factual mistake could be presented through a modification request.

Full text (DOL BRB public release)

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

BRB No. 18-0488
Case Nos. 2014-LHC-00073, 2014-LHC-00074 OWCP Nos. 18-097308, 18-099183

ANA BERTHA PEREZ
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: 06/28/2019
NAVY EXCHANGE SERVICE COMMAND
)
)
Self-Insured
)
Employer-Respondent
) ORDER on
) RECONSIDERATION

Claimant, now appearing without counsel, has filed a timely motion for reconsideration of the Board’s decision in this case, Perez v. Navy Exch. Serv. Command, BRB No. 18-0488 (Mar. 13, 2019). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer responds that claimant’s motion should be denied. After consideration of claimant’s contentions, no member of the panel has voted to vacate or modify the Board’s decision.1 Accordingly, claimant’s motion for reconsideration is denied and the Board’s decision is affirmed. 20 C.F.R. §§801.301(c); 802.409.

By Order of the Board:

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

1
Claimant asserts she is seeking additional documentation to support her claims. If claimant obtains evidence that establishes a change in her condition or a mistake of fact, she may file a request for modification with the district director. 33 U.S.C. §922; 20 C.F.R.
§702.373.