Troy E. Owen v. Temco, LLC (Board decision, May 20, 2021)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board denied Troy Owen's late request to reinstate his appeal. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or a timely request for Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

The Board had dismissed Troy Owen's appeal after he failed to file a petition for review or respond to a show-cause order. Owen later asked to reinstate the appeal. The Board treated his filing as a reconsideration motion and found it was outside the thirty-day deadline. It declined to excuse the delay and denied the motion without reaching the underlying claim.

Decision snapshot

• Authority: 20 C.F.R. § 802.407(a).
• Outcome: The Benefits Review Board denied Troy Owen's late request to reinstate his appeal.
• Key point: A reconsideration request filed after the thirty-day period did not restore the dismissed appeal.

Full text (DOL BRB public release)

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

BRB No. 20-0417

TROY E. OWEN
)
)
Claimant-Petitioner
)
)
v. ) DATE ISSUED: 05/20/2021
)
TEMCO, LLC
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED
)
)
Employer/Carrier-
)
Respondents
) ORDER

On April 22, 2021, Claimant filed “Petitioner’s Motion to Reinstate Petition for Review” which we construe as a motion for reconsideration of the Benefits Review Board’s dismissal of Claimant’s appeal by Order dated February 25, 2021.1 See 20 C.F.R.
§802.407(a). Employer responds that Claimant’s motion should be denied as it was untimely filed.

We deny Claimant’s motion. Claimant’s motion is not timely as a motion for reconsideration, as it was not filed within 30 days after February 25, 2021. See 20 C.F.R.
§802.407. Moreover, we do not excuse Claimant’s late filing. See generally Dailey v. Director, OWCP, 936 F.2d 241 (6th Cir. 1991). On January 27, 2021, the Board ordered Claimant to file his Petition for Review and brief within 10 days or show cause why his appeal should not be dismissed. Claimant did not respond to this order. It is too late to offer an excuse at this juncture.

1
Claimant never filed a Petition for Review in this case and thus there is no pleading to reinstate.
Accordingly, we deny Claimant’s motion. 20 C.F.R. §802.409.

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge