Alva A. Mullens v. Island Creek Coal Company and Consol Energy, Incorporated (Board decision, October 21, 2020)

BRB final decision. This unpublished order is not precedent. The Board denied the widow’s further reconsideration motion; its earlier order remains 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

Alva Mullens’s widow, acting without a lawyer, sought reconsideration of a Board order that had denied an earlier reconsideration request in his black lung case. Her new motion was timely. No panel member voted to change the previous order, so the Board denied the motion. This short order does not revisit the underlying benefits claim.

Decision snapshot

• Authority: Reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: The Board denied the widow’s further reconsideration motion; its earlier order remains in place.
• Key point: No panel member voted to vacate or modify the earlier order.

Full text (DOL BRB public release)

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

BRB No. 18-0568 BLA
Case No. 2017-BLA-05015

ALVA A. MULLENS (deceased miner)
)
)
Claimant-Petitioner
)
)
v. )
)
ISLAND CREEK COAL COMPANY
) DATE ISSUED: 10/21/2020
)
and
)
)
CONSOL ENERGY, INCORPORATED
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION
Party-in-Interest
) for RECONSIDERATION

Claimant’s widow, who is without legal counsel, has filed a timely motion for reconsideration of the Board’s Order denying her motion for reconsideration in Mullens v.
Island Creek Coal Co., BRB No. 18-0568 BLA (June 25, 2020), denying recon in BRB
No. 18-0568 BLA (Oct. 7, 2019) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a).
No member of the panel has voted to vacate or modify the Board’s decision. Therefore,
claimant’s motion for reconsideration 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