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BRB No. 06-0350


DIANA G. ELEY

		Claimant-Petitioner
		
	v.

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY

		Self-Insured
		Employer-Respondent

DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR

                   Party-in-Interest 


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DATE ISSUED: 03/27/2007








ORDER on MOTION for RECONSIDERATION


Claimant, who is not represented by counsel, has filed a timely motion for reconsideration of the Board’s decision in this case, Eley v. Newport News Shipbuilding & Dry Dock Co., BRB No. 06-0350 (Dec. 15,2006) (unpub.). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employer has not responded to claimant’s motion.

In its decision, the Board affirmed the administrative law judge’s granting employer’s motion for modification and modifying claimant’s award from one for permanent total disability to one for permanent partial disability as of June 10, 2003. Claimant asks the Board to reconsider its decision based on a document from a physician, dated January 11, 2007, which she has attached to her motion for reconsideration. The Board may not accept new evidence. 20 C.F.R. §802.301(b). Claimant may submit this document and a request for modification pursuant to 33 U.S.C. §922 to the district director if she desires to pursue this matter.

Accordingly, claimant’s motion for reconsideration is denied and the Board’s decision is affirmed. 33 U.S.C. §921(b)(5); 20 C.F.R. §§801.301(c), 802.409.

SO ORDERED.

____________________________________

NANCY S. DOLDER, Chief

Administrative Appeals Judge

____________________________________

ROY P. SMITH

Administrative Appeals Judge

____________________________________

REGINA C. McGRANERY

Administrative Appeals Judge



NOTE: This is a LHCA Unpublished Document


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