Anderson D. Evans, Jr. v. Eighty-Four Mining Company and Consol Energy, Incorporated (Board decision, March 15, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's timely request for reconsideration, leaving its earlier affirmance of Anderson D. Evans Jr.'s benefits award in place. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request filed under 20 C.F.R. § 802.407.

Plain-English summary

Eighty-Four Mining asked the Board to reconsider its earlier decision affirming a black lung benefits award to Anderson Evans. Neither Evans nor the Director filed a response. After reviewing the employer's arguments, no panel member voted to vacate or modify the earlier decision. The Board denied reconsideration and left the award affirmance in place.

Decision snapshot

• Authority: Reconsideration under 20 C.F.R. §§ 801.301(c) and 802.409.
• Outcome: Employer's reconsideration motion denied.
• Key point: No panel member voted to change the Board's earlier affirmance of benefits.

Full text (DOL BRB public release)

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

BRB No. 20-0085 BLA
Case No. 2018-BLA-06326

ANDERSON D. EVANS, JR
)
)
Claimant-Respondent
)
)
v. )
)
EIGHTY-FOUR MINING COMPANY
)
)
and
)
)
CONSOL ENERGY, INCORPORATED
) DATE ISSUED: 3/15/2022
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer has filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order affirming the ALJ’s award of benefits in this case. Evans v.
Eighty-Four Mining Co., BRB No. 20-0085 BLA (Mar. 26, 2021) (unpub.). 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407.

Neither Claimant nor the Director, Office of Workers’ Compensation Programs, filed a response brief. After consideration of Employer’s contentions and review of the Board’s disposition of this case, no member of the panel has voted to vacate or modify the Board’s decision.

Consequently, 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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