George Kiyuna v. Matson Terminals, Incorporated, and Signal Mutual Indemnity Association, Limited (Board decision, August 28, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed George Kiyuna's appeal without prejudice and remanded for modification proceedings. The underlying claim remains unresolved. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407. This order allows a reinstatement motion within 30 days after the modification decision is filed under 20 C.F.R. § 802.301(c).

Plain-English summary

George Kiyuna told the Board that he had applied to modify the administrative law judge's decision and asked to end his pending appeal without prejudice. The Board granted that request and returned the case for modification proceedings. It said Kiyuna could seek reinstatement of the original appeal within 30 days after the modification decision is filed. A party affected by that decision could also file a new Board appeal within 30 days, which would be combined with a reinstated original appeal. The order does not resolve the underlying benefits dispute.

Decision snapshot

• Authority: Modification under 33 U.S.C. § 922; appeal procedure under 20 C.F.R. § 802.301(c).
• Outcome: Appeal dismissed without prejudice; case remanded for modification proceedings.
• Key point: The original appeal can be reinstated after the modification decision if the required motion is timely filed.

Full text (DOL BRB public release)

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

BRB No. 19-0103
Case Nos. 2016-LHC-00140, 2016-LHC-00141, 2016-LHC-00142 OWCP Nos. 13-301115, 15-054351, 15-052959

GEORGE KIYUNA
)
)
Claimant-Petitioner
)
)
v. )
)
MATSON TERMINALS, INCORPORATED
)
) DATE ISSUED: 08/28/2019
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Claimant has notified the Board that he has filed an application for modification pursuant to 33 U.S.C. §922. Thus, claimant asks the Board to dismiss his appeal without prejudice and remand the case for modification proceedings. 20 C.F.R. §802.301(c).

We grant claimant’s motion, dismiss his appeal without prejudice, and remand the case to the administrative law judge for modification proceedings. Claimant’s appeal of the administrative law judge’s initial decision will be reinstated provided he files a motion for reinstatement within 30 days of the date the decision on modification is filed by the district director. The request for reinstatement must be served on all parties and identified by the Board’s docket number assigned to this case, BRB No. 19-0103. 20 C.F.R.
§802.301(c).

Any party adversely affected by the decision granting or denying modification may file a new appeal with the Board within 30 days of the date the decision on modification is filed. 33 U.S.C. §921(a); 20 C.F.R. §§802.205, 802.301(c). This appeal will be assigned a new docket number and will be consolidated with any reinstated appeal of the original decision.

Accordingly, claimant’s appeal is dismissed without prejudice and the case is remanded to the administrative law judge for modification proceedings.

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

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