Bobby C. Knight v. Heritage Coal Company, LLC (Board decision, April 19, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's motion to reconsider its December 15, 2020 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 reconsideration is filed. A party may seek Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Heritage Coal and Peabody Energy asked the Benefits Review Board to reconsider its December 15, 2020 decision in Bobby Knight's Black Lung case. The motion was timely. No member of the Board panel voted to grant reconsideration, so the Board denied the motion. This order does not revisit the merits of the earlier decision.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer's motion for reconsideration denied.
• Key point: No 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. 19-0435 BLA

BOBBY C. KNIGHT
)
)
Claimant-Respondent
)
)
v. )
)
HERITAGE COAL COMPANY, LLC
)
)
and
) DATE ISSUED: 04/19/2021
)
PEABODY ENERGY CORPORATION, c/o
)
UNDERWRITERS SAFETY & CLAIMS
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Knight v. Heritage Coal Co., LLC, BRB No. 19-0435 BLA (Dec. 15, 2020) (unpub.). 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,
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