Ronnie Holland v. Flatwoods Coal Company (Board decision, February 24, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's timely reconsideration motion, leaving its earlier affirmance of Ronnie Holland's black lung benefits award in place. Board finality is governed by 20 C.F.R. § 802.406; the order disposes of the reconsideration request under 20 C.F.R. § 802.407.

Plain-English summary

Flatwoods Coal Company and its carrier asked the Board to reconsider its June 28, 2021 decision affirming Ronnie Holland's benefits award. Holland opposed the motion. After reviewing the employer's arguments, no panel member voted to vacate or modify the earlier decision. The Board denied reconsideration, leaving the benefits award in place.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer's reconsideration motion denied.
• Key point: No panel member voted to change the 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. 20-0174 BLA

RONNIE HOLLAND
)
)
Claimant-Respondent
)
)
v. )
)
FLATWOODS COAL COMPANY
)
)
Employer/Carrier-
) DATE ISSUED: 02/24/2022
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in Holland v. Flatwoods Coal Co., BRB No.
20-0174 BLA (June 28, 2021) (unpub.), affirming the award of benefits. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). Claimant opposes Employer’s motion. After
consideration of Employer’s contentions, no member of the panel has voted to vacate or
modify the Board’s decision. Therefore, 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