Alma Watts v. B & B Coal Sales, Incorporated, and Bitco General Insurance Corporation (Board decision, February 24, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer's timely motion to reconsider its earlier decision in Alma Watts's claim. 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

B & B Coal Sales and its carrier asked the Board to reconsider its July 29, 2021 decision in Alma Watts's black lung claim. No member of the panel voted to vacate or modify that decision. The Board denied the motion, leaving its earlier decision in place. The official PDF prints February 24, 2021 as its issue date, although it refers to a July 2021 decision; the official listing places this order in February 2022.

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 Board panel member voted to change the earlier decision.

Full text (DOL BRB public release)

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

BRB No. 20-0280 BLA
Case No. 2018-BLA-05674

ALMA WATTS
)
(Widow of VENNIS WATTS)
)
)
Claimant-Respondent
)
)
v. )
)
B & B COAL SALES, INCORPORATED
)
)
and
)
)
BITCO GENERAL INSURANCE
) DATE ISSUED: 02/24/2021
CORPORATION
)
c/o OLD REPUBLIC INSURANCE
)
COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Board’s decision in Watts v. B & B Coal Sales, Inc., BRB No. 20-0280 BLA (July 29,
2021) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a).
 As no member of the panel has voted to vacate or modify the decision herein,
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