Marlos Lovejoy v. Aegis Defense Service and Insurance Company of the State of Pennsylvania (Board decision, October 30, 2020)

BRB final decision. This unpublished decision is not precedent. The Benefits Review Board granted the employer and carrier’s request to withdraw their 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 timely Board reconsideration request is filed. A party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Aegis Defense Service and its insurer asked to withdraw their Board appeal in Marlos Lovejoy’s Defense Base Act case. Lovejoy did not object. The Board granted the request and dismissed the appeal with prejudice. This order does not decide the underlying benefit issues.

Decision snapshot

• Authority: Withdrawal and dismissal under 20 C.F.R. §§ 802.219(c), 802.219(g)(2).
• Outcome: Employer and carrier appeal dismissed with prejudice.
• Key point: The Board closed the appeal after the appealing parties withdrew 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. 20-0538
Case No. 2018-LDA-00436
OWCP No. 06-314432

MARLOS LOVEJOY
)
)
Claimant-Respondent
)
)
v. )
)
AEGIS DEFENSE SERVICE
)
) DATE ISSUED: 10/30/2020
and
)
)
INSURANCE COMPANY OF THE STATE
)
OF PENNSYLVANIA c/o AIG
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By motion filed October 29, 2020, Employer/Carrier moves to withdraw its appeal in this case. Employer/Carrier notes Claimant does not object to its motion. 20 C.F.R.
§802.219(c). Employer/Carrier’s motion is granted and its 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