Terry Reese, Sr. v. Virginia International Terminals, LLC

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 1, 2023
• Docket: 22-1275
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1275 Doc: 22 Filed: 02/01/2023 Pg: 1 of 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1985

TERRY D. REESE, SR.,

Petitioner,

v.

VIRGINIA INTERNATIONAL TERMINALS, LLC; SIGNAL MUTUAL INDEMNITY ASSOCIATION, LIMITED; CP&O, LLC; PORTS INSURANCE COMPANY, INCORPORATED; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

No. 22-1275

VIRGINIA INTERNATIONAL TERMINALS, LLC; SIGNAL MUTUAL INDEMNITY ASSOCIATION, LIMITED; CP&O, LLC; PORTS INSURANCE COMPANY, INCORPORATED; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents. USCA4 Appeal: 22-1275 Doc: 22 Filed: 02/01/2023 Pg: 2 of 4

On Petitions for Review of Orders of the Benefits Review Board. (21-0100)

Submitted: December 30, 2022 Decided: February 1, 2023

Before WYNN and DIAZ, Circuit Judges, and FLOYD, Senior Circuit Judge.

Petitions dismissed by unpublished per curiam opinion.

Terry D. Reese, Sr., Petitioner Pro Se. William M. Bush, Mark A. Reinhalter, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Frank Nash Bilisoly, WOODS ROGERS VANDEVENTER BLACK, Norfolk, Virginia; Christopher R. Hedrick, MASON, MASON, WALKER & HEDRICK, PC, Newport News, Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 22-1275 Doc: 22 Filed: 02/01/2023 Pg: 3 of 4

PER CURIAM:

Terry D. Reese, Sr., petitions for review of the June 30, 2021, order and the

October 29, 2021, order of the Benefits Review Board (Board) denying reconsideration.

On April 28, 2021, the Board affirmed the Administrative Law Judge’s (ALJ) decision and

order granting the Respondents’ motions for summary disposition. On May 14, 2021,

Reese timely moved for reconsideration. On June 30, 2021, the Board denied

reconsideration and affirmed the prior Board decision. On August 4, 2021, Reese filed a

second motion for reconsideration. Reese’s pro se petition for review was received by this

Court on September 7, 2021, seeking review of the Board’s June 30, 2021, decision

denying reconsideration. (No. 21-1985). On October 29, 2021, the Board denied Reese’s

second motion for reconsideration without modification. Reese timely petitioned for

review. (No. 22-1275).

At the outset, we note that Reese did not petition for review of the Board’s

April 28, 2021, order dismissing his appeal from the ALJ’s decision. We therefore lack

jurisdiction to review that order. We also lack jurisdiction to review the Board’s two orders

denying reconsideration. “Where a party petitions an agency for reconsideration on the

ground of ‘material error,’ i.e., on the same record that was before the agency when it

rendered its original decision, an order which merely denies rehearing is not itself

reviewable.” Betty B Coal Co. v. Dir., Off. of Workers Comp. Programs, 194 F.3d 491, 96

(4th Cir. 1999) (cleaned up); see also I.C.C. v. Bhd. of Locomotive Eng’rs, 482 U.S. 270,

280 (1987).

3 USCA4 Appeal: 22-1275 Doc: 22 Filed: 02/01/2023 Pg: 4 of 4

Accordingly, we deny the petitions for review for lack of jurisdiction. We also deny

as moot the motion to dismiss filed by CP&O, LLC, and grant the motion to withdraw the

motion to dismiss submitted by Signal Mutual Indemnity Association, Ltd., and Virginia

International Terminals, LLC. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this court and argument would

not aid the decisional process.

PETITIONS DISMISSED