Allen Flores v. Pacific Crane Maintenance Comp

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 20 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALLEN B. FLORES, No. 21-71275 Petitioner, BRB No. 21-0356 v. MEMORANDUM* PACIFIC CRANE MAINTENANCE COMPANY; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board Submitted January 18, 2023** San Francisco, California Before: HAWKINS, S.R. THOMAS, and McKEOWN, Circuit Judges. Allen B. Flores seeks review of the Benefit Review Board’s (BRB) order affirming an Administrative Law Judge’s (ALJ) decision to refrain from * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). considering Flores’s request for modification of the ALJ’s separate order denying Flores’s claim for benefits. The ALJ suspended action on Flores’s motion for modification while his appeal was pending before us. The BRB explained that “the OALJ will address Claimant’s motion for modification once the Ninth Circuit issues a decision on Claimant’s appeal.” In light of our denial of Flores’s claim for benefits, the case returns to the OALJ and this related action is now moot. PETITION DISMISSED.1 1 Pacific Crane Maintenance Company’s opposed motion requesting permission to file an objection (Docket Entry No. 15) is denied. 2