Larry Blackburn v. Consol of Kentucky, Incorporated and Peabody Energy Corporation (Board decision, March 16, 2023)

BRB final decision on reconsideration. The Benefits Review Board denied the employer and carrier's request to reconsider its earlier decision affirming Larry Blackburn's Black Lung benefit award. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or a timely request for Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

The Board had affirmed Larry Blackburn's Black Lung benefit award in January 2023. Consol of Kentucky and Peabody Energy filed a timely request for reconsideration. After reviewing the request and its earlier decision, no Board panel member voted to grant reconsideration. The Board denied the request, leaving the affirmed benefit award in place.

Decision snapshot

• Authority: Board reconsideration under 20 C.F.R. §§ 802.407(a) and 802.409.
• Outcome: Employer's motion for reconsideration denied.
• Key point: No panel member voted to reopen the Board's affirmance of the benefit award.

Full text (DOL BRB public release)

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

BRB No. 21-0457 BLA
Case No. 2019-BLA-06088

LARRY BLACKBURN
)
)
Claimant-Respondent
)
)
v. )
)
CONSOL OF KENTUCKY,
)
INCORPORATED
)
)
and
)
) DATE ISSUED: 03/16/2023
PEABODY ENERGY CORPORATION
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
) ORDER on
Party-in-Interest
) RECONSIDERATION

Employer and its Carrier have filed a timely motion for reconsideration of the Benefits Review Board’s Decision and Order in Blackburn v. Consol of Ky., Inc., BRB No.
21-0457 BLA (Jan. 11, 2023) (unpub.), affirming the award of benefits. 33 U.S.C.
§921(b)(5); 20 C.F.R. §802.407(a). No response has been filed. 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