Richard L. Canas v. Olgoonik Development, LLC/KBR and Allied World National Assurance Company (Board decision, January 29, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board granted the employer and carrier's request to withdraw their appeal and dismissed it with prejudice. The order makes no ruling on the underlying claim. 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

Olgoonik Development and its insurance carrier appealed in Richard Canas's case. They then moved to withdraw the appeal. The Board granted the motion and dismissed the appeal with prejudice. This brief order does not describe the underlying claim or decide its merits.

Decision snapshot

• Authority: Appeal withdrawal and dismissal under 20 C.F.R. §§ 802.219(g)(2) and 802.401(a).
• Outcome: Employer and carrier appeal dismissed with prejudice.
• Key point: The Board ended the appeal on the employer and carrier's request without a merits ruling.

Full text (DOL BRB public release)

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

BRB No. 21-0057
Case No. 2018-LDA-00575
OWCP No. 06-311520

RICHARD L. CANAS
)
)
Claimant-Respondent
)
)
v. )
)
OLGOONIK DEVELOPMENT, LLC/KBR
)
) DATE ISSUED: 01/29/2021
and
)
)
ALLIED WORLD NATIONAL
)
ASSURANCE COMPANY c/o
)
BROADSPIRE
)
)
Employer/Carrier-
)
Petitioners
) ORDER

By motion filed January 27, 2021, Employer/Carrier moves to withdraw its appeal in the captioned case. 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