Benjamin W. Thompson v. Reddinger Coal Company (Board decision, June 25, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board granted the employer's request to withdraw its reconsideration motion concerning Benjamin Thompson's benefits award. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request under 20 C.F.R. § 802.407.

Plain-English summary

Reddinger Coal and its carrier moved to withdraw their request for en banc reconsideration of the Board's earlier decision affirming Benjamin Thompson's black lung benefits award. The Board granted the withdrawal and dismissed the reconsideration motion with prejudice. The earlier benefits affirmance remains in place.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. § 802.407.
• Outcome: Reconsideration motion withdrawn and dismissed with prejudice.
• Key point: The employer ended its reconsideration request, leaving the prior benefits ruling in place.

Full text (DOL BRB public release)

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

BRB No. 20-0230 BLA

BENJAMIN W. THOMPSON
)
)
Claimant-Respondent
)
)
v. )
)
REDDINGER COAL COMPANY
)
)
and
)
)
ROCKWOOD CASUALTY INSURANCE
) DATE ISSUED: 06/25/2021
COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
) ORDER on MOTION to
) WITHDRAW MOTION for
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier request its motion for reconsideration en banc of the Benefits Review Board’s Decision and Order affirming the administrative law judge’s award of benefits in this case, Thompson v. Reddinger Coal Co., BRB No. 20-0230 BLA (Mar. 31, 2021)(unpub.), be withdrawn. Employer’s motion to withdraw is granted and its motion for reconsideration is dismissed with prejudice.

By Order of the Board:

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