James M. Lopez v. California United Terminals (Board decision, March 27, 2020)

BRB interlocutory order. This unpublished decision is not precedent. The Board dismissed James Lopez's appeal without prejudice and remanded his case for modification proceedings. The underlying claim remains 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

James Lopez had appealed a judge's December 2019 decision in his Longshore Act case. He then filed a modification application with the district director and asked the Board to dismiss the appeal and return the case for that process. The Board granted his request and dismissed the appeal without prejudice. It said the appeal could be reinstated if Lopez moved within 30 days after the district director filed a decision on modification. The underlying dispute remained pending.

Decision snapshot

• Authority: Modification under 33 U.S.C. § 922 and appeal procedures under 20 C.F.R. §§ 802.301(c), 702.373.
• Outcome: Appeal dismissed without prejudice; case remanded to district director for modification.
• Key point: The Board allowed the modification process to proceed and specified when Lopez could seek to reinstate his appeal.

Full text (DOL BRB public release)

U.S. Department of Labor Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001
BRB No. 20-0160
Case No. 2013-LHC-01463
OWCP No. 18-100691
JAMES M. LOPEZ
Claimant-Petitioner
v.
CALIFORNIA UNITED TERMINALS
and
SIGNAL MUTUAL INDEMNITY
ASSOCIATION, LIMITED
Employer/Carrier-
Respondents
ILWU-PMA WELFARE PLAN
Intervenor
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DATE ISSUED: 03/27/2020
ORDER
By letter filed March 19, 2020, claimant notified the Board that he has filed an application for modification pursuant to 33 U.S.C. §922 with the district director. Thus, claimant asks the Board to dismiss his appeal without prejudice and remand the case for modification proceedings. 20 C.F.R. §802.301(c). We grant claimant’s motion, dismiss his appeal without prejudice, and remand the case to the district director for modification proceedings. 20 C.F.R. §702.373. Claimant’s appeal of the administrative law judge’s December 27, 2019 Decision and Order on Remand will be reinstated provided he files a motion for reinstatement within 30 days of the date the district director files the decision on claimant’s motion for modification. The 2 request for reinstatement must be served on all parties and identified by the Board’s docket number assigned to this case, BRB No. 20-0160. 20 C.F.R. §802.301(c). Accordingly, claimant’s appeal is dismissed without prejudice and the case is remanded to the district director for modification proceedings. SO ORDERED. GREG J. BUZZARD Administrative Appeals Judge DANIEL T. GRESH Administrative Appeals Judge MELISSA LIN JONES Administrative Appeals Judge