Doris Sloan, widow of Gurstle L. Sloan, v. Drummond Company, Incorporated (Board decision, January 12, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied Doris Sloan's second motion for reconsideration after no member voted to reopen the prior orders. The reconsideration request is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

Doris Sloan, the widow of Gurstle Sloan, asked the Board to reconsider its earlier denial of reconsideration in a black lung benefits case. Drummond Company opposed the second request. No Board member voted to reconsider the prior orders, so the Board denied the motion. The PDF's printed year is cut off after “202”; the official January 2021 listing supplies the issue year used in this record.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Second motion for reconsideration denied; prior orders left in place.
• Key point: No Board member voted to reconsider the prior orders.

Full text (DOL BRB public release)

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

BRB No. 19-0056 BLA
Case No. 2016-BLA-05995

DORIS SLOAN
)
(Widow of GURSTLE L. SLOAN)
)
)
Claimant-Petitioner
)
)
v. )
)
DRUMMOND COMPANY, INCORPORATED
)
) DATE ISSUED: 01/12/202
Employer-Respondent
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on SECOND MOTION
) for RECONSIDERATION
Party-in-Interest
) EN BANC

Claimant has filed a timely motion for reconsideration of the Benefits Review Board’s denial of her motion for reconsideration en banc in this case, Sloan v. Drummond Co., Inc., BRB No. 19-0056 BLA (Dec. 3, 2019), recon. en banc denied (June 25, 2020). 33 U.S.C. §921(b)(5);
20 C.F.R. §802.407(a). Employer responds to Claimant’s second motion for reconsideration in
support of the Board’s decision. After consideration of Claimant’s contentions, no member of the
Board voted to reconsider the prior orders. Consequently, Claimant’s second motion for
reconsideration 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