Santos Feria Jimenez v. SOC-SMG, Incorporated and Allied World National Assurance Company (Board decision, January 12, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed Santos Feria Jimenez's appeal because he filed it while his timely motion for reconsideration was before the administrative law judge. The Board did not review the benefits award. A final Board decision ordinarily becomes final 60 days after issuance absent timely judicial review or reconsideration under 20 C.F.R. § 802.406; a party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Santos Feria Jimenez appealed an administrative law judge's benefits award after also asking the judge to reconsider it. The judge's decision was filed August 17, 2020, Feria Jimenez appealed September 14, and the reconsideration order was filed September 29. The Board's rule requires dismissal of an appeal filed before the judge's reconsideration order is filed. The Board dismissed this appeal as premature and treated the request for more time to submit a brief as moot. It did not decide the merits of the benefits claim.

Decision snapshot

• Authority: Appeal timing during reconsideration under 20 C.F.R. § 802.206(f).
• Outcome: Claimant's appeal dismissed as premature; brief extension request moot.
• Key point: An appeal filed while the judge is considering a timely reconsideration motion is premature.

Full text (DOL BRB public release)

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

BRB No. 20-0555
Case No. 2017-LDA-00620
OWCP No. 02-312288

SANTOS FERIA JIMENEZ
)
)
Claimant-Petitioner )
)
v. )
)
SOC-SMG, INCORPORATED ) DATE ISSUED: 01/12/2021
)
and
)
)
ALLIED WORLD NATIONAL
)
ASSURANCE COMPANY c/o BROADSPIRE )
)
Employer/Carrier- )
Respondents )
)
DIRECTOR, OFFICE OF WORKERS’ )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR )
)
Party-in-Interest ) ORDER

By letter dated October 19, 2020, the Benefits Review Board acknowledged claimant’s September 14, 2020 appeal of the administrative law judge’s Decision and Order Awarding Benefits, which was filed in the office of the district director on August 17, 2020.

Claimant noted in his appeal that he filed a Motion for Reconsideration with the Office of Administrative Law Judges on August 24, 2020. The administrative law judge’s Order Denying Claimant’s Motion for Reconsideration was filed in the office of the district director on September 29, 2020.
Section 802.206(f) of the Board’s Rules of Practice and Procedure, 20 C.F.R.
§802.206(f), provides that if a timely motion for reconsideration of a decision or order of an administrative law judge is filed, any appeal to the Board, whether filed prior to or subsequent to the filing of the timely motion for reconsideration, shall be dismissed as premature.

Accordingly, as Claimant’s appeal was filed before September 29, 2020, the Board dismisses claimant’s appeal as premature. 20 C.F.R. §802.206(f). Claimant’s request for an extension of time to file a Petition for Review and brief is rendered moot

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

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