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BRB No. 08-0522


D.S.

Claimant-Petitioner

v.

INTERNATIONAL TRANSPORTATION SERVICES

and

NATIONAL UNION FIRE AND
CASUALTY

and

RELIANCE NATIONAL INSURANCE COMPANY

Employer/Carriers
Respondents

and

KAISER INTERNATIONAL
CORPORATIONS

and

NATIONAL UNION FIRE
INSURANCE COMPANY

Employer/Carrier-
Respondents

and

MARINE TERMINALS
CORPORATION

and
MAJESTIC INSURANCE COMPANY

Employer/Carriers-Respondents

and

PACIFIC MARITIME ASSOCIATION

and

MAJESTIC INSURANCE COMPANY

Party-in-Interest/Carrier-
Respondents


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DATE ISSUED: 03/31/2009















































ORDER on MOTION
for RECONSIDERATION


PER CURIAM:

Claimant, without the assistance of legal counsel, has filed a letter which we shall consider to be a timely motion for reconsideration of the Board’s decision in this case, D.S. v. Int’l Transportation Services, et al., BRB No. 08-522 (Jan. 14, 2009). 33 U.S.C. §921(b)(5); 20 C.F.R. §802.407. Employers and PMA have responded, urging the Board to deny the motion. The Board held that the administrative law judge properly granted employers’ motions for summary decision and dismissed claimant’s claim for benefits because he settled claims for his 1987 and 1990 injuries to his knee and finger, thereby precluding further benefits related to those injuries, and he did not establish that his flesh-eating disease is related to his employment. Because claimant has not established any error in the Board’s decision to affirm the administrative law judge’s denial of benefits, we deny the motion for reconsideration.

Accordingly, the motion for reconsideration is DENIED, and the Board’s decision is affirmed. 20 C.F.R. §802.409.

SO ORDERED.

_______________________________

NANCY S. DOLDER, Chief

Administrative Appeals Judge

_______________________________

ROY P. SMITH

Administrative Appeals Judge

_______________________________

BETTY JEAN HALL

Administrative Appeals Judge



NOTE: This is a LHCA Unpublished Document


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