Carol Eppley, on behalf of and widow of Virgil E. Eppley, v. Central Ohio Coal Company (Board decision, February 24, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the Director's motion to publish its earlier decision in these consolidated claims. The motion is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

The Director of the Office of Workers' Compensation Programs asked the Board to publish its August 31, 2021 decision in the Eppley claims. No party responded to the request. The Board considered the decision and the Director's arguments, then denied the motion to publish. The order addresses publication status and does not revisit the earlier decision's benefits ruling. The official PDF prints February 24, 2021 as its issue date, although it refers to an August 2021 decision; the official listing places this order in February 2022.

Decision snapshot

• Authority: Board publication motion in the consolidated black lung appeals.
• Outcome: Motion to publish denied.
• Key point: The earlier decision remains unpublished.

Full text (DOL BRB public release)

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

BRB Nos. 20-0415 BLA and 20-0416 BLA

CAROL EPPLEY
)
(o/b/o and Widow of VIRGIL E. EPPLEY)
)
)
Claimant-Respondent
)
)
v. )
)
CENTRAL OHIO COAL COMPANY
) DATE ISSUED: 02/24/2021
)
Employer-Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

The Director, Office of Workers’ Compensation Programs (the Director), has filed a motion to publish the Benefits Review Board’s decision issued on August 31, 2021 in the captioned case. No responses to the motion have been received. Upon consideration of the Board’s decision and the Director’s contentions, the Board denies the motion to publish.

By Order of the Board:

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