Stanley Vires v. Miller Brothers Construction, Incorporated (Board decision, April 29, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's timely motion for reconsideration of its earlier decision. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request filed under 20 C.F.R. § 802.407.

Plain-English summary

Miller Brothers Construction and its insurer asked the Board to reconsider its September 2020 decision in Stanley Vires's black lung benefits case. The order does not describe the arguments in the motion or restate the earlier decision's outcome. No member of the panel voted to vacate or modify that decision. The Board denied reconsideration.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407(a) and 802.409.
• Outcome: Employer's reconsideration motion denied.
• Key point: No panel member voted to change 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. 19-0529 BLA
Case No. 2018-BLA-05178

STANLEY VIRES
)
)
Claimant-Respondent
)
)
v. )
)
MILLER BROTHERS CONSTRUCTION,
)
INCORPORATED
)
)
and
)
) DATE ISSUED: 4/29/2022
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier (Employer) have filed a timely motion for reconsideration of the Benefits Review Board’s decision in Vires v. Miller Bros. Const., Inc., BRB No. 19- 0529 BLA (Sept. 30, 2020) (unpub.); 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a).

As no member of the panel has voted to vacate or modify the decision herein, 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