Patricia Hale, widow of Johnnie M. Hale, v. Consolidation Coal Company and Consol Energy, Incorporated (Board decision, November 18, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board denied the employer’s timely request to reconsider its July 30, 2020 decision. No panel member voted to vacate or modify that earlier decision. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or timely Board reconsideration request is filed. A party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Consolidation Coal and Consol Energy requested reconsideration of a July 30, 2020 Board decision in Patricia Hale’s black lung case. The Board stated that none of the panel members voted to change or vacate the earlier decision. It denied the motion. This order does not restate the earlier decision’s merits.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407(a), 802.409.
• Outcome: Employer’s motion for reconsideration denied.
• Key point: The earlier Board decision was left unchanged.

Full text (DOL BRB public release)

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

BRB No. 19-0342 BLA

PATRICIA HALE
)
(Widow of JOHNNIE M. HALE)
)
)
Claimant-Respondent
)
)
v. )
)
CONSOLIDATION COAL COMPANY
)
)
and
)
)
CONSOL ENERGY, INCORPORATED
) DATE ISSUED: 11/18/2020
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer/Carrier has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Hale v. Consolidation Coal Co., BRB No. 19-0342 BLA (July 30, 2020) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R.
§802.407(a). As no member of the panel has voted to vacate or modify the Board’s
decision, Employer’s motion for reconsideration 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