Edward R. Bedwell v. Heritage Coal Company, LLC (Board decision, July 2, 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 This unpublished order is not precedent.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

Heritage Coal asked the Benefits Review Board to reconsider its June 30, 2020 decision in Edward Bedwell's black lung case. The Director opposed the request. No member of the panel voted to vacate or change the earlier decision, so the Board denied reconsideration. The short order does not describe the underlying 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's motion for reconsideration denied; the earlier Board decision remains in place.
• Key point: No panel member voted to vacate or modify 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. 19-0307 BLA

EDWARD R. BEDWELL
)
)
Claimant-Respondent
)
)
v. )
)
HERITAGE COAL COMPANY, LLC, Self-
) DATE ISSUED: 07/02/2020
Insured Through PEABODY ENERGY
)
CORPORATION
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer timely filed a motion for reconsideration of the Benefits Review Board’s decision in this case, Bedwell v. Heritage Coal Co., LLC, BRB No. 19-0307 BLA (June 30, 2020). 20 C.F.R. §802.407. The Director, Office of Workers’ Compensation Programs, filed a response in opposition to Employer’s motion.

No member of the panel has voted to vacate or modify the Board’s decision.
Therefore, employer’s motion for reconsideration is denied. 33 U.S.C. §921(b)(5); 20
C.F.R. §§801.301(c); 802.409.

By Order of the Board:

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