Luke Lapotsky v. Pagnotti Enterprises, Incorporated (Board decision, June 28, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied Luke Lapotsky's timely request to reconsider its earlier affirmance of the denial of black lung benefits. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request filed under 20 C.F.R. § 802.407.

Plain-English summary

Luke Lapotsky asked the Board to reconsider its July 2020 decision affirming the denial of his black lung benefits claim against Pagnotti Enterprises. The Board said the request was timely. No member of the panel voted to grant reconsideration, so the Board denied the request. This order leaves the earlier denial of benefits in place.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301(c), 802.407(a), and 802.409.
• Outcome: Claimant's reconsideration request denied; earlier denial of benefits left in place.
• Key point: No Board panel member voted to grant reconsideration.

Full text (DOL BRB public release)

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

BRB No. 19-0367 BLA

LUKE LAPOTSKY
)
)
Claimant-Petitioner
)
)
v. )
)
PAGNOTTI ENTERPRISES,
)
INCORPORATED
)
)
and
)
) DATE ISSUED: 6/28/2022
STATE WORKERS’ INSURANCE FUND
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Claimant has filed a timely motion for reconsideration of the Benefits Review Board’s decision in this case, Lapotsky v Pagnotti Enterprises, Inc., BRB No. 19-0367 BLA (July 30, 2020) (unpub.), affirming the denial of benefits. 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a). No member of the panel has voted to grant reconsideration.
Therefore, Claimant’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