Update from the Benefits Review Board (July 2016)

By Karen Koenig, Associate General Counsel, Longshore Division

BRB Personnel News

Last year, I reported on the retirement of Judges Dolder, Smith and McGranery, and the appointments of Judges Buzzard and Gilligan.  In July 2015, the Secretary of Labor appointed Jonathan Rolfe as the Board’s fifth member.  Prior to his appointment, Judge Rolfe served in DOL’s Office of the Solicitor for six years, representing the Director, OWCP, in cases arising under the Black Lung Benefits Act and the Longshore and Harbor Workers’ Compensation Act and its extensions.  Before beginning his government service, Judge Rolfe worked in private practice in the District of Columbia, primarily representing national and international labor unions.  Judge Rolfe is a graduate of the University of Minnesota Law School and the University of Minnesota, Duluth.

BRB Statistical Update

The Board began Fiscal Year 2016 in October 2015 with 94 pending Longshore/DBA appeals.  During the last fiscal year, which ended September 30, 2015, the Board received 159 appeals in cases under the Longshore and Defense Base Acts, 12 fewer than the year before.  The Board issued 180 decisions, 9 fewer than the year before; orders on reconsideration were issued in 12 cases.  In Fiscal Year 2015, the Courts of Appeals issued decisions or orders in 17 of the Board’s Longshore/DBA decisions, and the Board received an affirmative disposition in 94 percent of the cases. 

As of June 1, 2016, the Board has approximately 106 pending Longshore appeals, a figure which includes 21 appeals under the DBA.  This fiscal year to date, the Board has received 100 Longshore/DBA appeals and issued 98 decisions or orders.  In addition, the Board has issued orders on reconsideration in 17 cases.  The Board has received 20 decisions from appellate courts, 17 of them favorable.  The Board also has approximately 400 pending Black Lung appeals; the appeal rate has increased in the last year due to increased production by the Office of Administrative Law Judges and the promulgation of new program regulations.  Several coal companies have filed for bankruptcy, which has delayed the disposition of appeals involving these companies.

© Copyright 2016, U.S. Department of Labor.  All rights reserved. Reprinted by permission.