Joseph R. Parrish v. Tanoma Mining Company, Incorporated (Board decision, October 31, 2022)

BRB final decision. The Benefits Review Board denied reconsideration of its earlier decision affirming the denial of black lung benefits. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407. This is an unpublished decision and is not Board precedent.

Plain-English summary

Joseph Parrish asked the full Benefits Review Board to reconsider its August 2021 decision affirming denial of his black lung benefits claim. Tanoma Mining opposed the request. After considering Parrish's arguments, a majority of the Board did not vote to grant reconsideration. The Board therefore denied the motion, leaving its earlier benefits denial in place.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Reconsideration en banc denied; the earlier denial of benefits remains in place.
• Key point: The motion failed because a Board majority did not vote to grant 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. 20-0173 BLA

JOSEPH R. PARRISH
)
)
Claimant-Petitioner
)
)
v. )
)
TANOMA MINING COMPANY,
)
INCORPORATED
)
)
and
) DATE ISSUED: 10/31/2022
)
AMERICAN MINING INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on
) RECONSIDERATION
Party-in-Interest
) EN BANC

Claimant has filed a timely motion for reconsideration en banc of the Benefits Review Board’s decision in this case, Parrish v. Tanoma Mining Co., BRB No. 20-0173 BLA (Aug. 20, 2021) (unpub.), affirming the denial of benefits. 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a), (d). Employer opposes Claimant’s motion. After consideration of Claimant’s contentions, a majority of the Board has not voted to grant Claimant’s motion. Therefore, Claimant’s motion for reconsideration en banc is denied. 20 C.F.R.
§§801.301(b), (c), 802.407(b), (d), 802.409.
By Order of the Board:

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

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