Hurley C. Collins v. Clinchfield Coal Company (Board decision, May 27, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's motion for reconsideration and suggestion for en banc review, leaving its earlier decision in place. The reconsideration request is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

Clinchfield Coal Company asked the Board to reconsider its February 2020 decision in Hurley Collins's black lung benefits case and suggested review by the full Board. After considering the employer's arguments and its earlier ruling, no Board member voted for reconsideration. The Board denied the motion and the request for en banc review.

Decision snapshot

• Authority: Reconsideration and en banc procedures under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301, 802.407, and 802.409.
• Outcome: Employer's motion for reconsideration and suggestion for en banc review denied.
• Key point: No Board member voted to reconsider the February 2020 ruling.

Full text (DOL BRB public release)

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

BRB No. 19-0079 BLA
Case No. 2016-BLA-05282

HURLEY C. COLLINS
)
)
Claimant-Respondent )
)
v. )
)
CLINCHFIELD COAL COMPANY ) DATE ISSUED: 05/27/2020
Self-insured through PITTSTON COMPANY )
c/o HEALTHSMART CASUALTY CLAIMS )
SOLUTIONS
)
)
Employer/Carrier- )
Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’ )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR
ORDER on MOTION for
Party-in-Interest
RECONSIDERATION

Employer has filed a timely motion for reconsideration with suggestion for en banc review of the Board’s Decision and Order in this case, Collins v. Clinchfield Coal Co., BRB No. 19-0079 BLA (Feb. 11, 2020). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a).
Neither claimant nor the Director, Office of Workers’ Compensation Programs, has
responded. After consideration of employer’s contentions and review of the Board’s
disposition of this case no member voted in favor of reconsideration. Consequently, the
Board denies employer’s motion for reconsideration with suggestion for rehearing en banc.
33 U.S.C. §921(b)(5); 20 C.F.R. §§801.301(a), (c), 802.407(b), (d), 802.409.
By Order of the Board:

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

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