Bonita Gay Clark v. Miller Brothers Coal, LLC (Board decision, June 25, 2020)

BRB interlocutory order. This unpublished order is not precedent. The Board denied reconsideration of its October 2019 order, leaving that order 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 20 C.F.R. § 802.407.

Plain-English summary

Miller Brothers Coal and its carrier asked the Board to reconsider an October 2019 order in Bonita Clark's black lung survivor benefits case. The Director of the Office of Workers' Compensation Programs opposed reconsideration. The Board denied the employer's motion, stating that the earlier disposition was consistent with its reasoning in Powell and Kiyuna. This short order does not explain the underlying benefits dispute or change the earlier order.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Employer's motion to reconsider the October 2019 order denied.
• Key point: The Board found its earlier disposition consistent with Powell and Kiyuna.

Full text (DOL BRB public release)

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

BRB No. 19-0483
Case No. 2016-BLA-05344

BONITA GAY CLARK
)
(Widow of GEORGE NICK CLARK)
)
)
Claimant-Respondent
)
)
v. )
)
MILLER BROTHERS COAL, LLC
)
)
and
)
) DATE ISSUED: 06/25/2020
NATIONAL UNION FIRE/CHARTIS
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION
Party-in-Interest
) for RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s Order in this case, Clark v. Miller Brothers Coal, LLC, BRB 19-0483 BLA (Oct. 17, 2019). 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). The Director, Office of Workers’ Compensation
Programs, responds, urging the Board to deny the motion. After consideration of its
contentions, the Board denies employer’s motion for reconsideration as the disposition of
this case is consistent with the rationale set forth in Powell v. Service Employees Int’l, Inc.,
53 BRBS 13 (2019), and Kiyuna v. Matson Terminals, Inc., 53 BRBS 9 (2019). 20 C.F.R.
§§801.301(c), 802.409.
 By Order of the Board:

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

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