Barbara Shepherd, on behalf of and widow of Damon G. Derossett, v. National Mines Corporation and Old Republic Insurance Company (Board decision, December 29, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer and carrier's motion to reconsider its earlier decision affirming black lung benefits. The reconsideration request is disposed of; Board finality is governed by 20 C.F.R. § 802.406.

Plain-English summary

Barbara Shepherd pursued black lung benefits on behalf of and as the widow of Damon Derossett. The Board had previously affirmed an administrative law judge's benefits award in the consolidated claims. National Mines Corporation and its carrier asked the Board to reconsider that decision. After reviewing the request, no Board panel member voted to grant reconsideration, so the Board denied the motion and left the earlier benefits ruling in place. The official PDF prints December 29, 2021 as the issue date, although the DOL listing places this order in December 2022.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer and carrier's motion for reconsideration denied; earlier benefits affirmance left in place.
• Key point: No member of the Board panel voted to grant reconsideration.

Full text (DOL BRB public release)

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

BRB Nos. 20-0495 BLA and 20-0498 BLA

BARBARA SHEPHERD
)
(o/b/o and Widow of DAMON G.
)
DEROSSETT)
)
)
Claimant-Respondent
)
)
v. )
)
NATIONAL MINES CORPORATION
)
)
and
) DATE ISSUED: 12/29/2021
)
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
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 and Order in Shepherd v. Nat’l Mines Corp., BRB Nos. 20-0495 BLA and 20-0498 BLA (Dec. 29, 2021)(unpub.), affirming the ALJ’s award of benefits. 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407(a). The Director, Office of Workers’ Compensation Programs, opposes Employer’s motion. Claimant has not filed a response. After consideration of Employer’s contentions and review of the Board’s disposition of this case, no member of the panel voted to grant reconsideration. Therefore, 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