John Miken v. ICTSI Oregon, Incorporated and Signal Mutual Indemnity Association (Board decision, December 18, 2019)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied John Miken's reconsideration motion and left its earlier decision in place. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under § 802.407.

Plain-English summary

John Miken asked the Board to reconsider its decision in his longshore appeals involving ICTSI Oregon and Signal Mutual. No panel member voted to vacate or modify the earlier decision. The Board therefore denied reconsideration and affirmed that decision. This short order does not restate or newly decide the underlying merits.

Decision snapshot

• Authority: Reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Reconsideration denied; earlier Board decision affirmed.
• Key point: No member of the panel voted to change 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 Nos. 19-0119 and 0119A

JOHN MIKEN
)
)
Claimant-Petitioner
)
Cross-Respondent
)
)
v. )
)
ICTSI OREGON, INCORPORATED
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION
)
)
Employer/Carrier-
) DATE ISSUED: 12/18/2019
Respondents
)
Cross-Petitioner
)
)
ILWU-PMA WELFARE PLAN
)
)
Intervenor
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Respondent
) ORDER

Claimant has filed a timely motion for reconsideration of the Board’s decision in this case, Miken v. ICTSI Oregon, Inc., BRB Nos. 19-0119/A (Dec. 18, 2019). 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407. 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