William R. McCullough v. Fred Wahl Marine Construction and ALMA/FARA (Board decision, July 30, 2019)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied William McCullough's timely motion for reconsideration and left its May 20, 2019 decision 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

William McCullough requested reconsideration of the Benefits Review Board's May 20, 2019 decision in his Longshore case against Fred Wahl Marine Construction and ALMA/FARA. The employer and carrier opposed the request. The Board reported that no panel member voted to vacate or modify the earlier decision. It denied reconsideration and affirmed that decision. This short order does not describe the underlying claim or give reasons for rejecting McCullough's contentions.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Reconsideration denied; May 20, 2019 Board decision left in place.
• Key point: No panel 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. 19-0002
Case No. 2013-LHC-01188
OWCP No. 14-135738

WILLIAM R. McCULLOUGH
)
)
Claimant-Petitioner
)
)
v. )
)
FRED WAHL MARINE CONSTRUCTION
)
) DATE ISSUED: 07/30/2019
and
)
)
ALMA/FARA
)
)
Employer/Carrier-
) ORDER on
Respondents
) RECONSIDERATION

Claimant has filed a timely motion for reconsideration of the Board’s decision in this case, McCullough v. Fred Wahl Marine Constr., BRB No. 19-0002 (May 20, 2019) (unpub). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer filed a response in opposition to claimant’s motion. After consideration of claimant’s contentions, no member of the panel has voted to vacate or modify the Board’s decision. Accordingly, claimant’s motion for reconsideration is denied and the Board’s decision is affirmed. 20 C.F.R.
§§801.301(c); 802.409.

By Order of the Board:

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