Garnie N. Sykes v. Consol Energy, Incorporated and Island Creek Coal Company (Board decision, November 30, 2022)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board denied the employer's motion for reconsideration en banc of an earlier decision that vacated a benefits denial and returned the claim to the judge. The remand leaves the benefits claim unresolved. 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 20 C.F.R. § 802.407.

Plain-English summary

The Board previously vacated a denial of Garnie Sykes's black lung benefits claim and sent the case back to the judge for further consideration. The employer and carrier requested reconsideration by the full Board. After reviewing the request and its earlier decision, a majority of the Board's permanent members did not vote to grant the motion. The Board denied reconsideration, leaving the remand in place.

Decision snapshot

• Authority: En banc reconsideration under 20 C.F.R. §§ 801.301(c), 802.407, and 802.409.
• Outcome: Employer's motion for reconsideration en banc denied.
• Key point: The Board's earlier remand remains in effect, and the benefits claim remains unresolved.

Full text (DOL BRB public release)

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

BRB No. 19-0478 BLA

GARNIE N. SYKES
)
)
Claimant-Respondent
)
)
v. )
)
CONSOL ENERGY, INCORPORATED
)
)
and
) DATE ISSUED: 11/30/2022
)
ISLAND CREEK COAL COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on
) RECONSIDERATION
Party-in-Interest
) EN BANC

Employer has filed a timely motion for reconsideration en banc of the Benefits Review Board’s Decision and Order in this case, Sykes v. Consol Energy, Inc., BRB No. 19-0478 BLA (Oct. 30, 2020), vacating the denial of benefits and remanding the case to the ALJ for further consideration. After consideration of Employer’s contentions and review of the Board’s disposition of this case, a majority of the Board’s permanent members did not vote to grant Employer’s motion. Therefore, Employer’s motion for reconsideration en banc is denied. 20 C.F.R. §§801.301(c), 802.407(a), (d), 802.409. By Order of the Board:

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