Michael J. Osten v. Electric Boat Corporation (Board decision, February 13, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied Electric Boat'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

Electric Boat asked the Board to reconsider its earlier decision in Michael Osten's longshore case. After considering the employer's arguments and Osten's opposition, no panel member voted to vacate or modify the decision. The Board therefore denied reconsideration and affirmed its earlier decision. This short order makes no new ruling on the underlying merits.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer's reconsideration motion denied; earlier decision affirmed.
• Key point: No panel member 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 No. 19-0306
Case Nos. 2018-LHC-00112 and 2018-LHC-00354 OWCP Nos. 01-305280 and 01-156332

MICHAEL J. OSTEN
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: 02/13/2020
ELECTRIC BOAT CORPORATION
)
)
Self-Insured
) ORDER on
Employer-Respondent
) RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s decision in this case, Osten v. Electric Boat Corp., BRB No. 19-0306 (Dec. 17, 2019) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant filed a response in opposition to employer’s motion. After consideration of employer’s contentions, no member of the panel has voted to vacate or modify the Board’s decision. Accordingly, employer’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