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

UNPUBLISHED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
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.

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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Petitions dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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).

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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

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