James L. Fields v. Island Creek Coal Company (Board decision, August 20, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board denied Island Creek Coal's motion for reconsideration by the full Board. 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

Island Creek Coal asked the full Benefits Review Board to reconsider its June 12, 2020 decision in James Fields's black lung case. Fields opposed the timely motion. After considering the employer's arguments, a majority of the Board did not vote to vacate or change the earlier decision. The Board denied reconsideration. This short order does not restate the merits of the earlier decision.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301(c), 802.407, and 802.409.
• Outcome: Employer's motion for reconsideration en banc denied.
• Key point: A majority of the Board did not vote 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. 19-0316 BLA
Case No. 2016 BLA-05584

JAMES L. FIELDS
)
)
Claimant-Respondent
)
)
v. )
)
ISLAND CREEK COAL COMPANY
)
) DATE ISSUED: 08/20/2020
Employer-Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer has filed a timely motion for reconsideration en banc of the Benefits Review Board’s decision in this case, Fields v. Island Creek Coal Co., BRB No. 19-0316 BLA (June 12, 2020). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant responds in opposition to Employer’s motion.

After consideration of Employer’s contentions, a majority of the Board has not voted to vacate or modify the Board’s decision. Therefore, Employer’s motion for reconsideration en banc 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