Bonnie Cupp (on behalf of and Widow of Leland Cupp) v. Trinity Coal Corporation of Virginia (Board decision, March 23, 2020)

BRB final decision. This unpublished order is not precedent. The Board denied reconsideration of its earlier decision because no panel member voted to vacate or modify it. A Board decision ordinarily becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed under 20 C.F.R. § 802.406. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Trinity Coal and its carrier asked the Benefits Review Board to reconsider its earlier decision in Bonnie Cupp's consolidated black lung appeals. No panel member voted to vacate or modify that decision, so the Board denied the request. The short order does not describe the merits or state the earlier decision's outcome.

Decision snapshot

• Authority: Panel reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. § 802.409.
• Outcome: Employer and carrier's reconsideration motion denied; earlier Board decision remains in place.
• Key point: The motion failed because no panel member voted to vacate or modify the 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. 19-0170 and
19-0171 BLA

BONNIE CUPP
)
(o/b/o and Widow of LELAND CUPP)
)
)
Claimant-Respondent
)
)
v. )
)
TRINITY COAL CORPORATION OF
)
VIRGINIA
)
)
and
) DATE ISSUED: 03/23/2020
)
AMERICAN INTERNATIONAL
)
SOUTH/CHARTIS
)
)
Employer/Carrier-Petitioners )
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier filed a timely motion for reconsideration of the Benefits Review Board’s decision in the captioned case, Cupp v. Trinity Coal Corp. of Virginia, BRB Nos. 19-0170 BLA, 19-0171 BLA (Mar. 23, 2020). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. No member of the panel has voted to vacate or modify the Board’s decision. Therefore, employer’s motion is denied. 20 C.F.R. §§801.301(c), 802.409.

By Order of the Board:

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