Delondo Bellamy v. SSA Terminals, LLC (Board decision, May 18, 2021)

BRB interlocutory order. This unpublished decision is not precedent. The Benefits Review Board dismissed Delondo Bellamy's appeal without prejudice so he could seek modification. The underlying claim or fee issue remains pending. 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

Delondo Bellamy told the Board he intended to seek modification of an administrative law judge's amended decision and withdrew his appeal. The Board dismissed the appeal without prejudice. It said he could request reinstatement within thirty days after the district director filed the modification decision if he remained aggrieved. The modification and any later appeal remained open.

Decision snapshot

• Authority: 33 U.S.C. § 922.
• Outcome: The Benefits Review Board dismissed Delondo Bellamy's appeal without prejudice so he could seek modification.
• Key point: Withdrawal allowed modification proceedings while preserving a route to reinstate the appeal.

Full text (DOL BRB public release)

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

BRB No. 21-0212
Case No. 2020-LHC-00388
OWCP No. 13-311849

DELONDO BELLAMY
)
)
Claimant-Petitioner
)
)
v. )
)
SSA TERMINALS, LLC
) DATE ISSUED: 05/18/2021
)
and
)
)
HOMEPORT INSURANCE COMPANY
)
)
Employer/Carrier-
)
Respondents
) ORDER

By motion filed May 7, 2021, Claimant informed the Board that he intends to file a motion for modification of Administrative Law Judge Christopher Larson’s Amended Decision and Order. See 33 U.S.C. §922. Therefore, he is withdrawing his appeal. See 33 U.S.C. §802.301(c).

We dismiss Claimant’s appeal without prejudice. If, following modification proceedings, Claimant remains aggrieved by Judge Larson’s Amended Decision and Order, we will reinstate Claimant’s appeal of that decision provided Claimant files a motion for reinstatement within 30 days of the date the district director files the decision on modification. The request for reinstatement must be served on all parties and identified by the Board’s docket number assigned to this case, BRB No. 21-0212. 20 C.F.R.
§802.301(c).

Any party adversely affected by the decision granting or denying modification may file a new appeal with the Board within 30 days of the date the district director files the decision on modification. 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 consolidated with any reinstated appeal. Accordingly, we dismiss Claimant’s appeal without prejudice.

SO ORDERED.

GREG J. BUZZARD
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge