Jerald Lynn v. Reefer Express, LLC and Signal Mutual Indemnity Association, Ltd. (Board decision, November 24, 2020)

BRB interlocutory order. This unpublished decision is not precedent. The Benefits Review Board dismissed the employer’s appeal without prejudice and sent the parties’ proposed modification to the district director. The underlying benefits matter remains open. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406. A party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Jerald Lynn and Reefer Express jointly asked the Board to return their Longshore Act case to the district director for consideration of a petition and proposed order of modification. The Board granted the request and dismissed the employer’s appeal without prejudice. If the district director denies modification, the employer may seek reinstatement of its appeal within thirty days. The Board did not decide the merits of the dispute.

Decision snapshot

• Authority: Modification under 33 U.S.C. § 922 and remand during appeal under 20 C.F.R. § 802.301(c).
• Outcome: Appeal dismissed without prejudice; modification petition sent to district director.
• Key point: A joint modification request can return a pending appeal to the district director.

Full text (DOL BRB public release)

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

BRB No. 20-0390
Case Nos. 2019-LHC-00689 and 2019-LHC-00691 OWCP Nos. 6-309822 and 6-325516

JERALD LYNN
)
)
Claimant-Respondent
)
)
v. )
)
REEFER EXPRESS, LLC
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
) DATE ISSUED: 11/24/2020
ASSOCIATION, LTD
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Employer and Claimant have filed a joint motion to remand this case to the district director for consideration of their petition for modification and proposed Order of Modification under 33 U.S.C. §922.

We grant the parties’ motion and dismiss Employer’s appeal without prejudice. 20 C.F.R. §802.301(c); see 20 C.F.R §702.315. If the parties’ petition for modification is denied, Employer may have its appeal reinstated by filing a request for reinstatement within 30 days of the date of the denial. 20 C.F.R. §802.301(c).
Accordingly, we dismiss Employer’s appeal without prejudice and remand the case to the district director for consideration of the parties’ petition for modification.1

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

1
Thus, Claimant’s motion for an enlargement of time in which to file his response brief is denied as moot.

2