David Boudreau v. Industrial Resources, Incorporated and Seabright Insurance Company (Board decision, September 28, 2019)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied David Boudreau's motion for en banc reconsideration; its July 8, 2019 decision remains in place. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under 20 C.F.R. §§ 802.407 and 802.409.

Plain-English summary

David Boudreau sought en banc reconsideration of the Board's July 8, 2019 decision in his Longshore Act case. His motion was timely, and the employer did not respond. No permanent Board member voted to vacate or change the prior decision. The Board therefore denied reconsideration without reopening the underlying award.

Decision snapshot

• Authority: 33 U.S.C. § 921(b)(5); 20 C.F.R. § 802.407.
• Outcome: Motion for en banc reconsideration denied; prior decision remains in place.
• Key point: No permanent Board member voted to change 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. 18-0562
Case No. 2016-LHC-01726

DAVID BOUDREAU
)
)
Claimant-Petitioner
)
)
v. )
)
INDUSTRIAL RESOURCES,
) DATE ISSUED: 09/28/2019
INCORPORATED
)
)
and
)
)
SEABRIGHT INSURANCE COMPANY
)
)
Employer/Carrier-
)
Respondents
) ORDER

Claimant has filed a timely motion for reconsideration of the Board’s July 8, 2019, Decision and Order in the captioned case, suggesting the appropriateness of en banc review. 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a), (b). Employer has not responded to the motion for reconsideration. As no permanent member of the Board has voted to vacate or modify the Board’s Decision and Order, claimant’s motion for reconsideration en banc is denied. 20 C.F.R. §§801.301(c), 802.407(d), 802.409.

By Order of the Board:

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