Solomon Augillard v. Pool Company and Signal Mutual Indemnity Association, Ltd

BRB final decision on reconsideration. The Board granted reconsideration and vacated its May 30, 1997 decision after learning that the parties had settled and the employer had moved to dismiss its appeal before that decision issued. This order disposes of the Board appeal; it does not decide the benefits claim on the merits. Under 20 C.F.R. §§ 802.406–802.407, a Board decision ordinarily becomes final 60 days after issuance unless timely judicial review or reconsideration is sought, and a party may request Board reconsideration within 30 days.

Plain-English summary

Solomon Augillard and Pool Company reached a settlement that a labor judge approved on April 2, 1997. The employer moved to dismiss its pending Board appeal on May 12, but the motion was not placed in the appeal file before the Board issued a decision on May 30. On reconsideration, the Board granted the employer's request and vacated that decision. This order gives no new ruling on Augillard's entitlement to benefits. Its PDF does not print an issuance date; the May 30 date in the text belongs to the vacated decision.

Decision snapshot

• Authority: Settlement under 33 U.S.C. § 908(i), Board reconsideration under § 921(b)(5) and 20 C.F.R. § 802.407, and dismissal of an appeal under § 802.401(a).
• Outcome: Prior Board decision vacated after an approved settlement and a timely motion to dismiss the appeal.
• Key point: A dismissal motion filed before a Board decision may be recognized on reconsideration when the motion was not associated with the appeal file before that decision issued.

Full text (DOL BRB public release)

BRB No. 96-1327

SOLOMON AUGILLARD
)
)
Claimant-Respondent
)
)
v. )
)
POOL COMPANY
) DATE ISSUED:
)
and
)
)
SIGNAL MUTUAL INDEMNITY
)
ASSOCIATION, LTD
)
)
Employer/Carrier-
)
Petitioners
) ORDER on RECONSIDERATION

Employer has timely filed a motion for reconsideration of the Board’s Decision

and Order in this case, Augillard v. Pool Co., BRBS , BRB No. 96-1327 (May 30,

1997). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. We hereby grant employer’s motion

for reconsideration and the relief requested.

In its motion for reconsideration, employer contends that on May 12, 1997, it filed

with the Board a motion to dismiss its pending appeal, inasmuch as the parties had

entered into a settlement agreement pursuant to Section 8(I) of the Act, 33 U.S.C.

§908(I)(1988), which had been approved by Administrative Law Judge C. Richard Avery

on April 2, 1997. Employer thus regrets that the Board vacate its May 30, 1997

Decision and Order since it was issued subsequent to employer’s motion to dismiss its

appeal.

Section 802.401(a) of the Board’s implementing regulations, 20 C.F.R.

§802.401(a), provides that at any time prior to the issuance of a decision by the Board,

the petitioner may move that the appeal be dismissed. In the instant case, employer’s
motion to dismiss was not associated with its appeal file prior to the issuance of the

Board’s May 30, 1997, decision. We therefore grant the relief requested by employer;

the Board’s May 30, 1997, Decision and Order is vacated.

ROY P. SMITH
Administrative Appeals Judge

JAMES F. BROWN
Administrative Appeals Judge

NANCY S. DOLDER
Administrative Appeals Judge

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