Wilma Jean Honeycutt, on behalf of Ronald D. Honeycutt, v. Hondo Coal Company and Old Republic Insurance Company (Board decision, December 19, 2022)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board denied the employer and carrier's motion to reconsider its earlier decision affirming benefits. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless timely judicial review or Board reconsideration is sought. A party may request Board reconsideration within 30 days under § 802.407.

Plain-English summary

Hondo Coal and Old Republic Insurance asked the Board to reconsider its June 2022 decision affirming benefits for Ronald Honeycutt's claim. The Director opposed the motion, and the employer replied. After reviewing the request, no member of the panel voted to grant reconsideration. The Board denied the motion, leaving its earlier benefits affirmance in place. This short order does not revisit the merits.

Decision snapshot

• Authority: Board reconsideration under 33 U.S.C. § 921(b)(5) and 20 C.F.R. §§ 802.407 and 802.409.
• Outcome: Employer's reconsideration motion denied; earlier benefits affirmance remains in place.
• Key point: No panel member voted to grant reconsideration.

Full text (DOL BRB public release)

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

BRB No. 21-0125 BLA

WILMA JEAN HONEYCUTT (o/b/o
)
RONALD D. HONEYCUTT)
)
)
Claimant-Respondent
)
)
v. )
)
HONDO COAL COMPANY c/o
)
HONEYCUTT ENTERPRISES
)
INCORPORATED
)
) DATE ISSUED: 12/19/2022
and
)
)
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 (Employer) filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in Honeycutt v. Hondo Coal Co., BRB No. 21-0125 BLA (June 22, 2022) (unpub.), affirming the award of benefits. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). The Director, Office of Workers’ Compensation
Programs, opposes Employer’s motion. Claimant has not filed a response. Employer filed
a reply, reiterating its arguments.

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