Amy Mitchell (widow of Delbert L. Mitchell) v. Sequoia Energy, LLC (Board decision, July 24, 2026)

BRB final decision. The Benefits Review Board dismissed the employer's appeal and remanded the survivor's claim 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

Amy Mitchell sought survivor benefits after the death of her husband, Delbert Mitchell. Sequoia Energy and its insurer appealed but then told the Board that the employer had accepted liability in the miner's claim. The employer said Amy Mitchell was therefore automatically entitled to survivor benefits and asked to withdraw its appeal. The Board treated that request as an end to the employer's challenge on all issues. It dismissed the appeal and sent the claim to the district director for payment by the employer.

Decision snapshot

• Authority: Appeal withdrawal under 20 C.F.R. § 802.401(a).
• Outcome: Employer's appeal dismissed; survivor benefits to be paid by the employer.
• Key point: The employer accepted liability and withdrew its challenge to survivor benefits.

Full text (BRB public release)

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

BRB No. 26-0035 BLA
Case No. 25-BLA-06007

AMY MITCHELL (Widow of
)
DELBERT L. MITCHELL)
)
)
Claimant-Respondent )
) DATE ISSUED: July 24, 2026
v. )
)
SEQUOIA ENERGY, LLC
)
)
and
)
)
NATIONAL UNION FIRE/AIG
)
)
Employer/Carrier- )
Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest ) ORDER

The Board is in receipt of Employer’s motion to withdraw its appeal in this survivor’s claim. Employer states it has accepted liability in the miner’s claim and, therefore, Claimant is automatically entitled to benefits in this claim. Employer requests that its appeal be dismissed. 20 C.F.R. § 802.401(a).
The Board accepts Employer’s request as withdrawal of controversion of all issues.
See Pendley v. Director, OWCP, 13 BLR 1-23 (1989). Accordingly, we grant Employer’s motion to dismiss its appeal and remand this case to the district director for the payment of benefits to Claimant by Employer. 20 C.F.R. §802.401.

SO ORDERED.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge