Milton Bowman v. Fluor Daniel Corporation and The Insurance Company of the State of Pennsylvania (Board decision, January 8, 2020)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed the employer's appeal without prejudice and returned the claim for modification proceedings. The underlying dispute remained unresolved. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Fluor Daniel told the Board it had applied for modification in Milton Bowman's case. At the employer's request, the Board dismissed its pending appeal without prejudice and returned the case to the judge for modification proceedings. The Board said the employer could ask to reinstate its earlier appeal within 30 days after the district director files the modification decision. This order does not decide the merits of Bowman's claim.

Decision snapshot

• Authority: Modification under 33 U.S.C. § 922 and appeal procedure under 20 C.F.R. § 802.301(c).
• Outcome: Employer's appeal dismissed without prejudice; case remanded for modification proceedings.
• Key point: The employer may seek reinstatement of the earlier appeal after a decision on modification is filed.

Full text (DOL BRB public release)

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

BRB No. 20-0100
Case Nos. 2016-LDA-00320, 2016-LDA-00322 OWCP Nos. 02-218964, 02-302680

MILTON BOWMAN
)
)
Claimant-Respondent
)
)
v. )
)
FLUOR DANIEL CORPORATION
)
) DATE ISSUED: 01/08/2020
and
)
)
THE INSURANCE COMPANY OF THE
)
STATE OF PENNSYLVANIA
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By letter dated December 23, 2019, employer notified the Board that it filed an application for modification pursuant to 33 U.S.C. §922. Thus, employer asks the Board to dismiss its appeal without prejudice and remand the case for modification proceedings. 20 C.F.R. §802.301(c).

We grant employer’s motion, dismiss its appeal without prejudice, and remand the case to the administrative law judge for modification proceedings. Employer’s appeal of the administrative law judge’s September 16, 2019 Decision and Order on Modificatio n and November 19, 2019 Order Denying Reconsideration will be reinstated provided it files a motion for reinstatement within 30 days of the date the district director files the decision on employer’s motion for modification. The request for reinstatement must be served on all parties and identified by the Board’s docket number assigned to this case, BRB No. 20- 0100. 20 C.F.R. §802.301(c).

Any party adversely affected by the decision granting or denying modification may file a new appeal with the Board within 30 days of the date the decision on modification is

filed. 33 U.S.C. §921(a); 20 C.F.R. §§802.205, 802.301(c). The new appeal will be assigned a new docket number and will be consolidated with any reinstated appeal of the original decision.

Accordingly, employer’s appeal is dismissed without prejudice and the case is remanded to the administrative law judge for modification proceedings.

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

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