Kenneth Burrows v. Electric Boat Corporation (Board decision, August 31, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board granted Kenneth Burrows's request to withdraw his appeal and dismissed it with prejudice. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Kenneth Burrows appealed in a Longshore Act case against Electric Boat Corporation. He then asked to withdraw his appeal. The Board granted his request and dismissed the appeal with prejudice. The order does not decide the merits of his benefit claim.

Decision snapshot

• Authority: Withdrawal and dismissal under 20 C.F.R. §§ 802.219(g)(2) and 802.401(a).
• Outcome: Appeal dismissed with prejudice at the claimant's request.
• Key point: The Board ended the appeal upon Burrows's motion to withdraw it.

Full text (DOL BRB public release)

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

BRB No. 20-0410
Case No. 2019-LHC-00068
OWCP No. 01-305225

KENNETH BURROWS
)
)
Claimant-Petitioner
)
)
v. )
) DATE ISSUED: 08/31/2020
ELECTRIC BOAT CORPORATION
)
)
Self-Insured
)
Employer-Respondent
) ORDER

By motion filed August 25, 2020, Claimant moves to withdraw his appeal in this case. Claimant’s motion is granted and his appeal is dismissed with prejudice. 20 C.F.R.
§§802.219(g)(2), 802.401(a).

By Order of the Board:

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