Larry Dale Charles v. Enterprise Mining Company, LLC (Board decision, August 12, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board denied Enterprise Mining's motion to reconsider an earlier decision in Larry Charles's black lung case. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Enterprise Mining and its insurer asked the Board to reconsider its March 27, 2020 decision in Larry Charles's black lung case. The motion was timely. No member of the Board panel voted to vacate or modify the earlier decision, so the Board denied reconsideration. This short order does not restate the earlier ruling's merits.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Employer's reconsideration motion denied.
• Key point: No panel member voted to change the earlier Board decision.

Full text (DOL BRB public release)

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

BRB No. 19-0206 BLA
Case No. 2016-BLA-05702

LARRY DALE CHARLES
)
)
Claimant-Respondent
)
)
v. )
)
ENTERPRISE MINING COMPANY, LLC
)
)
and
)
)
BIRMINGHAM FIRE INSURANCE/ CHARTIS
) DATE ISSUED: 08/12/2020
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER on MOTION
) for RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Benefits Review Board’s decision in Charles v. Enterprise Mining Co., LLC, BRB No. 19-0206 BLA (Mar.
27, 2020) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802407. 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