Robert L. Nantz v. Big Elk Creek Coal Company and Old Republic Insurance Company (Board decision, January 12, 2023)

BRB final decision on reconsideration. The Benefits Review Board denied the employer and carrier's request to reconsider its earlier affirmance of Robert Nantz's black lung benefits award. 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

Robert Nantz had received an award of black lung benefits. The Board affirmed that award in June 2022. The employer and its insurance carrier filed a timely request for reconsideration, and no response was filed. After reviewing the request and its earlier decision, the Board reported that no member of the panel voted to grant reconsideration. It denied the request, leaving its affirmance of the benefits award in place.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Reconsideration denied; earlier affirmance of benefits award stands.
• Key point: No member of the Board panel voted to reopen the decision.

Full text (DOL BRB public release)

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

BRB No. 21-0011 BLA

ROBERT L. NANTZ
)
)
Claimant-Respondent
)
)
v. )
)
BIG ELK CREEK COAL COMPANY
)
)
and
) DATE ISSUED: 01/12/2023
)
OLD REPUBLIC INSURANCE COMPANY
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on MOTION for
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier have timely filed a motion for reconsideration of the Benefits Review Board’s Decision and Order in Nantz v. Big Elk Creek Coal Co., BRB No. 21-0011 BLA (June 16, 2022) (unpub.), affirming the award of benefits. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). No response has been filed.

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