Allen B. Flores v. Pacific Crane Maintenance Company; Director, Office of Workers' Compensation Programs

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALLEN B. FLORES,
Petitioner,
v.
PACIFIC CRANE MAINTENANCE
COMPANY; DIRECTOR, OFFICE OF
WORKERS' COMPENSATION
PROGRAMS,
Respondents.
No. 21-71275
BRB No. 21-0356
MEMORANDUM*
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).
FILED
JAN 20 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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