Qendrim Bajrami and Astrit Bajrami v. BL Harbert International, LLC and Allied World National Assurance Company (Board decision, November 25, 2019)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board denied the employer's reconsideration motion, leaving its earlier dismissal of the appeals as interlocutory in place. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

BL Harbert International asked the Board to reconsider its earlier order dismissing appeals in Qendrim and Astrit Bajrami's cases as interlocutory. A majority of the panel did not vote to grant reconsideration. The Board therefore denied the motion. Its short order did not decide either claimant's benefits or the merits of the employer's appeals.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 801.301(b), and 802.409.
• Outcome: Employer's reconsideration motion denied; early appeal dismissals left in place.
• Key point: The Board declined to reopen its ruling that the appeals were interlocutory.

Full text (DOL BRB public release)

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

QENDRIM BAJRAMI
) BRB Nos. 19-0395
) and 19-0395A
Claimant-Respondent
)
Cross-Petitioner
)
)
v. )
)
BL HARBERT INTERNATIONAL, LLC
)
)
and
) DATE ISSUED: 11/25/2019
)
ALLIED WORLD NATIONAL
)
ASSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
Cross-Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
)
)
ASTRIT BAJRAMI
) BRB Nos. 19-0397
) and 19-0397A
Claimant-Respondent
)
Cross-Petitioner
)
)
v. )
)
BL HARBERT INTERNATIONAL, LLC
)
)
and
)

ALLIED WORLD NATIONAL
)
ASSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
Cross-Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTIONS
Party-in-Interest
) for RECONSIDERATION

Employer has timely moved for reconsideration of the Board’s Order on Motion to Dismiss in which the Board dismissed the appeals in Bajrami v. BL Harbert Int’l, L.L.C., BRB Nos. 19-0395/A, 19-0397/A (Nov. 25, 2019) as interlocutory. 33 U.S.C. §921(b)(5);
20 C.F.R. §802.407. The Director, Office of Workers’ Compensation Programs responds,
urging rejection of employer’s motion. Claimants have not responded. As a majority of
the panel has not voted to grant reconsideration, employer’s motion is denied. 33 U.S.C.
§921(b)(5); 20 C.F.R. §§801.301(b); 20 C.F.R. §802.409.

By Order of the Board:

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

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