Allen B. Flores v. Pacific Crane Maintenance Company, L.P. and Signal Mutual Indemnity Association, Limited (Board decision, January 14, 2020)

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 This unpublished order is not precedent.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

Allen Flores asked the Board to reconsider its earlier decision in his longshore benefits case against Pacific Crane Maintenance and Signal Mutual. The employer opposed his motion. After considering the arguments, no member of the panel voted to vacate or modify the earlier decision. The Board denied reconsideration and affirmed that decision. This order does not give a new ruling on the underlying benefits issues.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 801.301(c), and 802.409.
• Outcome: Claimant's reconsideration motion denied; earlier Board 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. 19-0386

ALLEN B. FLORES
)
)
Claimant-Petitioner
)
)
v. )
)
PACIFIC CRANE MAINTENANCE
)
COMPANY, L.P.
)
)
and
)
) DATE ISSUED: 01/14/2020
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Respondent
)
)
ILWU-PMA WELFARE PLAN
)
)
Intervenor
) ORDER

Claimant has filed a timely motion for reconsideration of the Board’s decision in this case, Flores v. Pacific Crane Maint. Co., L.P., BRB No. 19-0386 (Jan. 14, 2020). 33 U.S.C. §921(b)(5);
20 C.F.R. §802.407. Employer filed a response in opposition to claimant’s motion. After
consideration of claimant’s contentions, no member of the panel has voted to vacate or modify the
Board’s decision. Accordingly, claimant’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