Daniel Hill v. Northrop Grumman (Board decision, August 12, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board denied Northrop Grumman's motion for reconsideration by the full Board. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Northrop Grumman and its insurer asked the full Benefits Review Board to reconsider its May 27, 2020 decision in Daniel Hill's Longshore Act case. The motion was timely. A majority of the Board's permanent members did not vote to vacate or modify the earlier decision, so the Board denied the motion. It also denied Hill's request for more time to respond as moot. This order does not restate the earlier decision's merits.

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 motion for reconsideration en banc denied.
• Key point: A majority of permanent Board members did not vote 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. 20-0064

DANIEL HILL
)
)
Claimant-Petitioner
)
)
v. )
)
NORTHROP GRUMMAN
)
)
and
) DATE ISSUED: 08/12/2020
)
INSURANCE COMPANY OF THE STATE OF
)
PENNSYLVANIA c/o AIG CLAIMS,
)
INCORPORATED
)
)
Employer/Carrier-
)
Respondents
) ORDER

Employer and its Carrier have filed a timely motion for reconsideration of the Benefit Review Board’s Decision and Order in the captioned case, suggesting the appropriateness of en banc review. Hill v. Northrop Grumman, BRB No. 20-0064 (May 27, 2020); 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a), (b). 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.1 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

1
Accordingly, Claimant’s motion for additional time to respond to Employer’s motion for reconsideration is denied as moot.