Dwight L. Dawson v. Fluor Federal Global Projects, Incorporated (Board decision, June 9, 2020)

BRB final decision. This unpublished order is not precedent. The Board denied en banc reconsideration because a majority of its permanent members did not vote to vacate or modify the earlier decision. A Board decision ordinarily becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed 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

Fluor Federal Global Projects and its insurer asked the Benefits Review Board to reconsider en banc an earlier decision in Dwight Dawson's Longshore Act case. Dawson opposed the request. A majority of the Board's permanent members did not vote to vacate or change the earlier decision, so the Board denied reconsideration. The short order does not state the earlier decision's outcome.

Decision snapshot

• Authority: En banc reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. § 802.407.
• Outcome: Employer and carrier's en banc reconsideration request denied.
• Key point: The request failed to obtain a majority vote among the Board's permanent members.

Full text (DOL BRB public release)

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

BRB No. 19-0528

DWIGHT L. DAWSON
)
)
Claimant-Petitioner
)
)
v. )
)
FLUOR FEDERAL GLOBAL PROJECTS,
)
INCORPORATED
)
) DATE ISSUED: 06/09/2020
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA, c/o AIG CLAIMS,
)
INCORPORATED
)
) ORDER on MOTION for
Employer/Carrier-
) RECONSIDERATION
Respondents
) EN BANC

Employer/Carrier has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Dawson v. Fluor Federal Global Projects, Inc., BRB No. 19-0528 (June 9, 2020) (unpub.), suggesting the appropriateness of en banc review. 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a), (b). Claimant responds, urging the Board to deny the motion. As a majority of the permanent members of the Board has not voted to vacate or modify the Board’s decision, Employer’s motion for reconsideration en banc is denied. 20 C.F.R. §§801.301(c), 802.407(d), 802.409.

By Order of the Board:

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