Helen Sizemore, on behalf of and widow of John H. Sizemore, v. Shamrock Coal Company and American Resources Insurance Company (Board decision, January 27, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's motion for reconsideration in the consolidated cases and left its earlier decision in place. The reconsideration request is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

Shamrock Coal Company and its insurer asked the Board to reconsider its September 2020 decision in two cases involving Helen Sizemore, on behalf of and as widow of John Sizemore. No member of the Board panel voted to vacate or modify that decision. The Board denied reconsideration, leaving the earlier decision in place. The order states no further reason for the denial.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer and carrier's motion for reconsideration denied in both dockets.
• Key point: No panel member voted to change the prior decision.

Full text (DOL BRB public release)

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

BRB Nos. 19-0546 BLA and 19-0547 BLA
Case Nos. 2011-BLA-05036 and 2015-BLA-05186

HELEN SIZEMORE
)
(o/b/o and Widow of JOHN H. SIZEMORE) ) )
Claimant-Respondent
)
)
v. )
)
SHAMROCK COAL
) DATE ISSUED: 01/27/2021
COMPANY/AMERICAN RESOURCES
)
INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Sizemore v. Shamrock Coal Co., BRB Nos. 19-0546 BLA and 19-0547 BLA (Sept. 29, 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 Board’s decision,
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

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