Allen T. Mitchell v. Island Creek Kentucky Mining (Board decision, March 13, 2023)

BRB final decision. The Benefits Review Board dismissed Island Creek Kentucky Mining's appeal after the employer accepted liability and remanded Allen Mitchell's claim to the district director for payment of benefits. 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

Island Creek Kentucky Mining appealed a Black Lung claim but then moved to withdraw its appeal. The employer accepted liability and asked that the claim be sent back for benefit payment. The Board treated the motion as withdrawal of the employer's opposition to all issues, dismissed the appeal, and remanded the claim to the district director for payment to Allen Mitchell.

Decision snapshot

• Authority: Withdrawal and dismissal of appeal under 20 C.F.R. § 802.401.
• Outcome: Employer appeal dismissed; claim returned for benefit payment.
• Key point: The employer's acceptance of liability ended the appeal and sent the claim to payment.

Full text (DOL BRB public release)

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

BRB No. 22-0116 BLA

ALLEN T. MITCHELL
)
)
Claimant-Respondent
)
)
v. )
)
ISLAND CREEK KENTUCKY MINING
) DATE ISSUED: 03/13/2023
)
Self-Insured
)
Employer-Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

The Board has received Employer’s Motion to Dismiss Its Appeal in the above- captioned case. Employer accepts liability and requests that its appeal be withdrawn and the case be remanded for payment of benefits.

The Board accepts Employer’s motion as withdrawal of controversion of all issues.
See Pendley v. Director, OWCP, 13 BLR 1-23 (1989). Accordingly, we grant Employer’s motion, dismiss the appeal, and remand the case to the district director for payment of benefits to Claimant. 20 C.F.R. §802.401.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge