Adrian L. Cessna v. Arch on the Green, Incorporated (Board decision, June 25, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's request to reconsider its earlier decision in Adrian Cessna's case. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under 20 C.F.R. § 802.407.

Plain-English summary

Arch on the Green asked the Benefits Review Board to reconsider its February 2021 decision in Adrian Cessna's case. The motion was timely, but no member of the panel voted to grant it. The Board denied reconsideration, leaving the earlier decision in place.

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 for reconsideration denied.
• Key point: No panel member voted to reconsider 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. 19-0489 BLA

ADRIAN L. CESSNA
)
)
Claimant-Respondent
)
)
v. )
)
ARCH ON THE GREEN, INCORPORATED
)
)
and
)
)
BITUMINOUS CASUALTY CORPORATION
) DATE ISSUED: 06/25/2021
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER on
) RECONSIDERATION

Employer/Carrier has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Cessna v. Arch on the Green, Inc., BRB No.
19-0489 BLA (Feb. 26, 2021) (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/Carrier’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