Trillis H. Mullins v. M & M Coal Company, Incorporated (Board decision, April 29, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's timely en banc reconsideration motion, leaving its earlier affirmance of Trillis Mullins's benefits award 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

M & M Coal and its insurer asked the full Board to reconsider a February 2020 decision affirming Trillis Mullins's black lung benefits award. The Director opposed the request. The order does not describe the employer's arguments. No Board member voted to grant the motion, so the Board denied en banc reconsideration and left the earlier decision in place.

Decision snapshot

• Authority: En banc reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301 and 802.407.
• Outcome: Employer's en banc reconsideration motion denied.
• Key point: No Board member voted to grant reconsideration.

Full text (DOL BRB public release)

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

BRB No. 19-0042 BLA

TRILLIS H. MULLINS
)
)
Claimant-Respondent
)
)
v. )
)
M & M COAL COMPANY,
)
INCORPORATED
)
)
and
)
) DATE ISSUED: 4/29/2022
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER ON MOTION FOR
) RECONSIDERATION
Party-in-Interest
) EN BANC

Employer and its Carrier (Employer) have filed a timely motion for reconsideration en banc of the Benefits Review Board’s decision in Mullins v. M & M Coal Co., BRB No.
19-0042 BLA (Feb. 21, 2020) (unpub.), affirming the award of benefits. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a), (d). The Director, Office of Workers’ Compensation
Programs, opposes Employer’s motion. After consideration of Employer’s contentions, no
member of the Board voted to grant Employer’s motion. Therefore, Employer’s motion
for reconsideration en banc is denied. 20 C.F.R. §§801.301(b), (c), 802.407(b), (d),
802.409.

By Order of the Board:
Thomas O. Shepherd, Jr.
Clerk of the Appellate Boards