Geneva Bonner, widow of Raymond Bonner v. Apex Coal Corporation (Board decision, May 24, 2022)

BRB interlocutory order. This unpublished order is not precedent. The Board denied the employer's motion to reconsider its January 24, 2022 decision. That decision remanded the survivor's claim, so entitlement remains unresolved. The Board disposed of this reconsideration request under 20 C.F.R. §§ 801.301(c) and 802.409; finality of a later final Board decision is governed by 20 C.F.R. § 802.406.

Plain-English summary

Apex Coal and its carrier filed a timely motion to reconsider the Board's January 24, 2022 decision in Geneva Bonner's case. The Board reported that no member of the panel voted to vacate or modify that decision. It denied the reconsideration motion. This short order does not make a new determination about Bonner's entitlement to benefits.

Decision snapshot

• Authority: Reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407(a) and 802.409.
• Outcome: Employer's reconsideration motion denied; prior remand remains in place.
• Key point: No panel member voted to change the earlier Board 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. 20-0333 BLA
Case No. 2014-BLA-05468

GENEVA BONNER
)
(Widow of RAYMOND BONNER)
)
)
Claimant-Petitioner
)
)
v. )
)
APEX COAL CORPORATION
)
)
and
)
)
AMERICAN RESOURCES INSURANCE
) DATE ISSUED: 5/24/2022
COMPANY
)
)
Employer/Carrier-
)
Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier (Employer) have filed a timely motion for reconsideration of the Benefits Review Board’s decision in Bonner v. Apex Coal Corp., BLR , BRB No.
20-0333 BLA (Jan. 24, 2022); 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

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