Lynn Yoshida, widow of Jon Yoshida v. Hawaii Stevedores, Incorporated and Signal Mutual Indemnity Association, Limited (Board decision, January 8, 2020)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board dismissed the employer's appeal with prejudice at its request. Board finality is governed by 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Hawaii Stevedores and its insurer asked to withdraw their appeal in Lynn Yoshida's case. The Board granted that request and dismissed the appeal with prejudice. The brief order gives no reason for the withdrawal and does not address the underlying claim's merits.

Decision snapshot

• Authority: Voluntary withdrawal under 20 C.F.R. § 802.401(a).
• Outcome: Employer's appeal dismissed with prejudice.
• Key point: The Board ended the employer's appeal after the employer requested withdrawal.

Full text (DOL BRB public release)

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

BRB No. 20-0043

LYNN YOSHIDA
)
(Widow of JON YOSHIDA)
)
)
Claimant-Respondent
)
)
v. )
)
HAWAII STEVEDORES, INCORPORATED
)
) DATE ISSUED: 01/08/2020
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Petitioners
)
) ORDER

By letter filed December 27, 2019, employer moves to withdraw its appeal in this case.
Employer’s motion is granted and its appeal is dismissed with prejudice. 20 C.F.R. §802.401(a).

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge