Jeanette G. Loudermilk (survivor of and on behalf of Terry Loudermilk) v. Eastwood Construction, Inc. (Board decision, July 10, 2026)

BRB interlocutory order. The Board dismissed the claimant's cross-appeals, but the employer's appeals remain pending, so the underlying claims are unresolved at the Board. 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 seek Board reconsideration within 30 days under § 802.407. This order does not resolve the employer's appeals.

Plain-English summary

Jeanette Loudermilk filed cross-appeals in two black lung cases involving Eastwood Construction and its insurer. She later asked the Benefits Review Board to withdraw those cross-appeals. The Board granted her request and dismissed them under its withdrawal rule. Its short order expressly says that the employer's separate appeals in both cases remain pending. The Board did not decide benefit entitlement in this order.

Decision snapshot

• Authority: Appeal withdrawal under 20 C.F.R. § 802.401(a).
• Outcome: Claimant's two cross-appeals dismissed; employer's two appeals remain pending.
• Key point: The withdrawal ends only the cross-appeals and leaves the employer's appeals unresolved.

Full text (BRB public release)

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

BRB Nos. 25-0443 BLA-A and 25-0444 BLA-A
Case Nos. 22-BLA-05797 and 24-BLA-05594

JEANETTE G. LOUDERMILK (survivor of and )
o/b/o TERRY LOUDERMILK)
)
)
Claimant-Respondent )
Cross-Petitioner ) DATE ISSUED: July 10, 2026
)
v. )
)
EASTWOOD CONSTRUCTION, INC.
)
)
and
)
)
WEST VIRGINIA CWP FUND
)
)
Employer/Carrier-Petitioner )
Cross-Respondent
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest ) ORDER

On February 20, 2026, the Board received claimant’s Motion to Withdraw the Cross- Appeal’s in the captioned cases. The Board grants claimant’s motion and dismisses these appeals.
20 C.F.R. § 802.401(a).
Employer’s appeals BRB Nos. 25-0443 BLA and 25-0444 BLA remains pending before the Board.

By direction of the Board,

Derek A. Steele, Esq.
Acting Clerk of the Appellate Boards

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