Mary Louise Brothers v. Pittsburg & Midway Coal Mining Company (Board decision, May 27, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the claimant's motion for reconsideration and left its earlier decision in place. The reconsideration request is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

Mary Louise Brothers asked the Board to reconsider its October 2019 decision in her black lung case. No Board member voted to vacate or modify that decision, so the Board denied reconsideration. This order does not describe what the earlier decision held.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301(b), 802.407, and 802.409.
• Outcome: Claimant's motion for reconsideration denied; the earlier Board decision remains in place.
• Key point: No Board member voted to vacate or modify 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. 18-0528 BLA

MARY LOUISE BROTHERS
)
(Widow of EARL BROTHERS)
)
)
Claimant-Petitioner
)
)
v. )
)
PITTSBURG & MIDWAY COAL MINING
) DATE ISSUED: 5/27/2020
COMPANY
)
)
Employer-Respondent
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION
Party-in-Interest
) for RECONSIDERATION

Claimant has filed a timely motion for reconsideration in Brothers v. Pittsburg & Midway Coal Mining Co., BRB No. 18-0528 BLA (Oct. 9, 2019). As no member of the Board has voted to vacate or modify the decision herein, the Board denies claimant’s motion for reconsideration. 33 U.S.C. §921(b)(5); 20 C.F.R. §§801.301(b), 802.407(a), (b), 802.409.

By Order of the Board:

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