Delma Ratliff, widow of and on behalf of the estate of James Ratliff, v. T & W Coal Company, Incorporated and Old Republic 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 This unpublished order is not precedent.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 in both dockets, leaving the earlier decision unchanged. 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

Delma Ratliff appeared as widow and representative of James Ratliff’s estate in two related black lung appeals. The employer and carrier timely sought reconsideration of the Board’s August 2019 decision. No panel member voted to vacate or modify that decision. The Board denied the motion in both dockets without redeciding the underlying claims.

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 in both dockets, leaving the earlier decision unchanged.
• Key point: The reconsideration request failed 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 Nos. 18-0506 BLA and 18-0507 BLA

DELMA RATLIFF
)
(Widow of, and on behalf of the Estate of, )
JAMES RATLIFF)
)
)
Claimant-Respondent
)
)
v. )
)
T & W COAL COMPANY,
)
INCORPORATED
)
) DATE ISSUED: 10/23/2020
and
)
)
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION
Party-in-Interest
) for RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Benefits Review Board’s decision in Ratliff v. T & W Coal Co., Inc., BRB Nos. 18-0506 BLA, 18-0507 BLA (Aug. 29, 2019) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407.
No member of the panel has voted to vacate or modify the Board’s decision.1 Therefore,
Employer’s 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

1
Administrative Appeals Judge Daniel T. Gresh is substituted on the panel for Administrative Appeals Judge Ryan Gilligan, who is no longer with the Board. 20 C.F.R.
§802.407(a).
2