Thomas Klett v. SSA Terminals and Homeport Insurance Company (Board decision, March 8, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed Thomas Klett's cross-appeal with prejudice at his request, while the employer's appeal remained pending. The underlying employer appeal was not decided by this order. 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

Thomas Klett asked to withdraw his cross-appeal in a Longshore Act case involving SSA Terminals and its carrier. The Board granted that request and dismissed his cross-appeal with prejudice. The employer's separate appeal remained pending. The order also extended briefing time for the Director and the employer and requested the district director's case record.

Decision snapshot

• Authority: Voluntary withdrawal rule in 20 C.F.R. § 802.401(a).
• Outcome: Claimant's cross-appeal dismissed with prejudice; employer's appeal remains pending.
• Key point: This order resolves the cross-appeal only and sets steps for the continuing employer appeal.

Full text (DOL BRB public release)

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

BRB Nos. 21-0067 and 21-0067A
OWCP No. 14-311963

THOMAS KLETT
)
)
Claimant-Respondent
)
Cross-Petitioner
)
)
v. )
)
SSA TERMINALS
)
)
and
)
)
HOMEPORT INSURANCE COMPANY
) DATE ISSUED: 03/08/2021
)
Employer/Carrier-
)
Petitioners
)
Cross-Respondents
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

By motion filed March 2, 2021, Claimant moves to withdraw his appeal in BRB No.
21-0067A. The Board grants Claimant’s motion and dismisses his appeal with prejudice. 20 C.F.R. §802.401(a). Employer’s appeal in BRB No. 21-0067 remains pending before the Board.

The Director, Office of Workers’ Compensation Program, has filed an extension of time in which to file a response brief. 20 C.F.R. §§802.212, 802.217. The Director, may file a response brief within ten (10) from receipt of this Order. 20 C.F.R. §§802.212, 802.217.
The Board is also in receipt of Employer’s motion for extension of time in which to file its reply brief. 20 C.F.R. §§802.213, 802.217. Employer may file a reply brief within ten (10) days from receipt of this Order. 20 C.F.R. §§802.213, 802.217.

The Board requests that the District Director forward the case record. 20 C.F.R.
§802.209.

By Order of the Board:

Thomas O. Shepherd, Jr.
Clerk of the Appellate Boards

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