Daniel Rykaczewski v. Ceres Marine Terminals, Incorporated (Board decision, March 12, 2021)

BRB interlocutory order. This unpublished order is not precedent. The Benefits Review Board dismissed Ceres Marine Terminals' appeal without prejudice while a modification request proceeds before the district director. The benefits dispute and possible appeal remain open. 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

Ceres Marine Terminals appealed an award of benefits to Daniel Rykaczewski, then filed a request to modify that decision with the district director. The Board dismissed the appeal without prejudice and remanded for the modification proceedings. The employer may seek reinstatement of the original appeal within 30 days after the modification decision is filed. Any party may separately appeal that modification decision within 30 days. The Board declined Rykaczewski's request to dismiss the employer's appeal with prejudice as abandoned.

Decision snapshot

• Authority: Modification and Board appeal rules in 33 U.S.C. § 922 and 20 C.F.R. § 802.301(c).
• Outcome: Employer's appeal dismissed without prejudice; modification proceedings remanded.
• Key point: The original appeal can be reinstated after the district director acts on modification.

Full text (DOL BRB public release)

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

BRB No. 21-0176

DANIEL RYKACZEWSKI
)
)
Claimant-Respondent
)
)
v. )
) DATE ISSUED: 03/12/2021
CERES MARINE TERMINALS,
)
INCORPORATED
)
)
Self-Insured
)
Employer-Petitioner
) ORDER

On March 1, 2021, Employer informed the Benefits Review Board that it has filed a Section 22, 33 U.S.C. §922, motion for modification with the district director. Therefore, we dismiss Employer’s appeal without prejudice. 20 C.F.R. §802.301(c).

Employer’s appeal will be reinstated by the Board only if it requests reinstatement within 30 days from the date the decision on modification is filed in the district director’s office. The request for reinstatement must be identified with the Board’s docket number assigned to this case, BRB No. 21-0176, and served on all parties. If Employer’s original appeal is reinstated, the Board will address only issues arising from the administrative law judge’s December 21, 2020 Decision and Order Granting Benefits. 20 C.F.R. §802.301(c).

Any party aggrieved by a decision on modification may file a notice of appeal thereof within 30 days of the date the decision on modification is filed in the district director’s office. 33 U.S.C. §921(a); 20 C.F.R. §§802.205, 802.301(c). This appeal will be assigned a new docket number and will be consolidated with any reinstated appeal of the original decision.
Accordingly, Employer’s appeal is dismissed without prejudice and the case is remanded to the district director for modification proceedings. 33 U.S.C. §922; 20 C.F.R.
§§702.373, 801.301(c).

We deny Claimant’s motion to dismiss Employer’s appeal with prejudice as abandoned. 20 C.F.R. §802.402. Within 30 days of the Board’s acknowledgement of its appeal, Employer filed a motion for an enlargement of time in which to file its Petition for Review and brief. 20 C.F.R. §802.217(b). The Board has not acted on this motion, which is now moot.

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge