Glen M. Childers v. North Star Mining, Incorporated and National Union Fire/Chartis (Board decision, October 23, 2020)

BRB final decision. This unpublished order is not precedent. The Board denied reconsideration, 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

An employer timely asked the Board to reconsider its September 2019 decision in Glen Childers’s black lung case. No member of the panel voted to vacate or modify that decision. The Board denied the motion. The order does not describe the underlying benefits result.

Decision snapshot

• Authority: Reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: The Board denied reconsideration, leaving its earlier decision in place.
• Key point: The earlier Board decision remained in place after the employer’s motion was denied.

Full text (DOL BRB public release)

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

BRB No. 18-0517 BLA
Case No. 2016-BLA-05133

GLEN M. CHILDERS
)
)
Claimant-Respondent )
)
v. )
)
NORTH STAR MINING, INCORPORATED )
)
DATE ISSUED: 10/23/2020
and
)
)
NATIONAL UNION FIRE/CHARTIS )
)
Employer/Carrier- )
Respondents )
)
DIRECTOR, OFFICE OF WORKERS’ )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR )
)
ORDER on
Petitioner ) RECONSIDERATION

Employer has filed a timely motion for reconsideration in Childers v. North Star Mining, Inc., BRB No. 18-0517 BLA (Sept. 20, 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.
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