Nilia Fauber, on behalf of and widow of James H. Fauber, v. Eastern Associated Coal Company (Board decision, December 29, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer and carrier's request to reconsider its May 25, 2021 order. 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

Eastern Associated Coal and its carrier asked the Board to reconsider its May 2021 decision in James and Nilia Fauber's black lung claims. The reconsideration order does not describe what the May 2021 order decided. Neither the claimant nor the Director opposed the motion. No member of the Board panel voted to vacate or change the earlier decision. The Board therefore denied reconsideration, leaving its earlier order undisturbed.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. § 802.409.
• Outcome: Employer and carrier reconsideration denied; the May 2021 order was not changed.
• Key point: No panel member voted to change the prior decision.

Full text (DOL BRB public release)

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

BRB Nos. 20-0165 BLA and 20-0166 BLA

NILIA FAUBER
)
(o/b/o and Widow of JAMES H. FAUBER) ) )
Claimant-Respondent
)
)
v. )
)
EASTERN ASSOCIATED COAL
) DATE ISSUED: 12/29/2021
COMPANY
)
)
and
)
)
PEABODY ENERGY CORPORATION
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER ON
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier (Employer) filed a timely motion for reconsideration of the Benefits Review Board’s Order in this case, Fauber v. Eastern Assoc. Coal Co., BRB Nos. 20-0165 BLA and 20-0166 BLA (May 25, 2021) (unpub.). 20 C.F.R. §802.407.
Neither Claimant nor the Director, Office of Workers’ Compensation Programs, filed
responses in opposition to Employer’s motion.
No member of the panel has voted to vacate or modify the Board’s decision.
Therefore, Employer’s motion for reconsideration is denied. 33 U.S.C. §921(b)(5); 20
C.F.R. §§801.301(c); 802.409.

By Order of the Board:

Thomas O. Shepherd, Jr.
Clerk of the Appellate Boards