Micah Ramsey v. Ports America Gulfport, Incorporated (Board decision, June 26, 2020)

BRB final decision. This unpublished decision is not precedent. The Board denied reconsideration of its earlier ruling. 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

Ports America Gulfport and its carrier asked the Board to reconsider its April 8, 2020 decision in Micah Ramsey's case. Ramsey opposed the motion. No panel member voted to vacate or modify the earlier decision, so the Board denied reconsideration. It also accepted Ramsey's statement responding to the employer's reply brief and denied the employer's request to strike that statement. This short order does not describe the underlying benefits dispute.

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 reconsideration motion denied; earlier decision left in place.
• Key point: No panel member voted to change the Board's April 8 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. 19-0538

MICAH RAMSEY
)
)
Claimant-Respondent
)
)
v. )
)
PORTS AMERICA GULFPORT,
) DATE ISSUED: 06/26/2020
INCORPORATED
)
)
and
)
)
PORTS INSURANCE COMPANY,
)
INCORPORATED
)
)
Employer/Carrier-
) ORDER on MOTION for
Petitioners
) RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Board’s decision in the captioned case, Ramsey v. Ports America Gulfport, Inc., BRB No. 19-0538 (Apr. 8, 2020). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Claimant opposes the motion.1 After consideration of employer’s contentions, no member of the panel has voted to vacate or modify the decision.
Accordingly, 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

1
The Board accepts claimant’s opposition statement in response to employer’s reply brief and denies employer’s Motion to Strike that statement. 20 C.F.R. §§802.215, 802.219.