John Stepp v. Director, Office of Workers' Compensation Programs (Board decision, March 16, 2023)

BRB final decision. The Benefits Review Board granted the Director's motion, dismissed John Stepp's appeal, and remanded the claim to the district director for payment by the Black Lung Disability Trust Fund. 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

John Stepp appealed an administrative law judge's denial of Black Lung benefits. While the appeal was pending, the Director of the Office of Workers' Compensation Programs withdrew opposition to every issue concerning Stepp's entitlement. The Director asked the Board to send the claim to the district director for payment by the Black Lung Disability Trust Fund. The Board granted the motion, dismissed the appeal, and ordered that payment route.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B).
• Outcome: Appeal dismissed; claim returned for Trust Fund payment.
• Key point: The Director's withdrawal of opposition ended the appeal and led to payment from the Trust Fund.

Full text (DOL BRB public release)

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

BRB No. 22-0237 BLA
Case No. 2020-BLA-06107

JOHN STEPP
)
)
Claimant-Petitioner
)
)
v. ) DATE ISSUED: 03/16/2023
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Respondent
) ORDER

Claimant appealed Administrative Law Judge (ALJ) Natalie A. Appetta’s Decision and Order Denying Benefits (2020-BLA-06107) rendered on a claim filed on July 29, 2019, pursuant to the Black Lung Benefits Act, as amended, 30 U.S.C. §§901-944 (2018) (Act).

In response, on December 5, 2022, the Director, Office of Workers’ Compensation Programs (the Director), filed a Motion to Remand for Payment of Benefits by the Black Lung Disability Trust Fund (the Trust Fund). The Director states he has carefully reviewed the record and withdraws his controversion of all issues related to Claimant’s entitlement to benefits. The Director requests the Benefits Review Board remand this case to the district director for the payment of benefits by the Trust Fund. In view of the above, the Board grants the Director’s motion, dismisses this appeal, and remands this case to the district director for the payment of benefits by the Trust Fund. See 26 U.S.C. §9501(d)(1)(B); 20 C.F.R. §725.1(c), (e).

SO ORDERED.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

JUDITH S. BOGGS
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

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