NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 20 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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