Terry D. Reese, Sr. v. Virginia International Terminals, LLC and CP & O, LLC (Board decision, June 30, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied Terry Reese's motion to reconsider its earlier decision upholding summary judgment against reopening his approved settlement. Board finality is governed by 20 C.F.R. § 802.406; this order disposes of the reconsideration request filed under 20 C.F.R. § 802.407.

Plain-English summary

Terry Reese asked the Board to reconsider its earlier decision that left an approved Longshore Act settlement in place. No panel member voted to change that decision, so the Board denied reconsideration. Reese also submitted additional evidence with his motion, but the Board said it could not consider evidence that had not been presented to the administrative law judge. The earlier ruling against his attempt to set aside the settlement remains in effect.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407, 802.409.
• Outcome: Motion for reconsideration denied; earlier settlement ruling affirmed.
• Key point: The Board cannot consider new evidence submitted for the first time with a reconsideration motion.

Full text (DOL BRB public release)

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

BRB No. 21-0100
Case Nos. 2019-LHC-00276, 2019-LHC-00767, 2019-LHC-00841, 2019-LHC-00842

TERRY D. REESE SR.
)
)
Claimant-Petitioner
)
)
v. )
)
VIRGINIA INTERNATIONAL
)
TERMINALS, LLC
)
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LIMITED, c/o/ SAGE
)
ADJUSTING, LLC
) DATE ISSUED: 06/30/2021
)
Employer/Carrier-
)
Respondent
)
)
CP & O, LLC
)
)
and
)
)
PORTS INSURANCE COMPANY,
)
INCORPORATED
)
)
Employer/Carrier-
) ORDER on
Respondents
) RECONSIDERATION

Claimant has filed a timely motion for reconsideration of the Benefits Review Board’s decision in this case, Reese v. Virginia Int’l Terminals, LLC, BRB No. 21-0100 (Apr. 28, 2021) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Neither Employer responded to Claimant’s motion. After consideration of Claimant’s contentions, no member of the panel has voted to vacate or modify the Board’s decision.1 Accordingly, Claimant’s motion for reconsideration is denied and the Board’s decision is affirmed. 20 C.F.R. §§801.301(c); 802.409.

By Order of the Board:

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

1
Claimant also submitted additional evidence with his motion for reconsideration.
The Board is prohibited from considering evidence that was not submitted to the administrative law judge. 20 C.F.R. §802.301(b).

2