Ryan Voltzke v. Canadian National Railway (Board decision, June 19, 2020)

BRB final decision. This unpublished reconsideration order is not precedent. The Benefits Review Board denied the employer and carrier's motion for en banc reconsideration of its earlier decision. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of reconsideration under §§ 802.407 and 802.409.

Plain-English summary

Canadian National Railway and its carrier asked the Benefits Review Board to reconsider its May 22, 2020 decision in Ryan Voltzke's case en banc. No party responded to the motion. A majority of the Board's permanent members did not vote to vacate or change the decision. The Board denied the motion, leaving the earlier decision in place. This short order gives no further explanation of the underlying dispute.

Decision snapshot

• Authority: En banc reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 801.301(c), 802.407, and 802.409.
• Outcome: Employer and carrier's motion for en banc reconsideration denied.
• Key point: The earlier Board decision remained in place because the required majority did not vote to vacate or modify it.

Full text (DOL BRB public release)

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

BRB No. 20-0084

RYAN VOLTZKE
)
)
Claimant-Petitioner
)
)
v. )
)
CANADIAN NATIONAL RAILWAY
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
) DATE ISSUED: 06/19/2020
ASSOCIATION
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on MOTION for
) RECONSIDERATION
Respondent
) EN BANC

Employer/Carrier has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in the captioned case, Voltzke v. Canadian Nat’l Ry., BRB No. 20- 0084 (May 22, 2020) (unpub.), suggesting the appropriateness of en banc review. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a), (b). No responses were received. 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. 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