[T][U] Louisiana-Pacific Corp. v. Occupational Safety & Health Review Commission

MEMORANDUM* Louisiana-Pacific Corp. (""LP"") petitions for review of the Occupational Safety and Health Review Commission's (""OSHRC"") denial of its ""Motion for Response to Petition for Discretion [sic] Review,"" which OSHRC construed as a motion for relief from judgment under Fed. R. Civ. P. 60(b). The petition for review is denied. The Secretary of Labor argues that OSHRC lacked the authority to rely on Rule 60(b) to consider LP's motion and, in the alternative, that this court lacks jurisdiction to consider a petition for review of an OSHRC decision that relies on Rule 60(b). While the Secretary's jurisdictional arguments appear to have some merit, because OSHRC was not represented in this proceeding and LP failed to address the jurisdictional arguments either in a reply brief or at oral argument, we decline to definitively decide the issue in light of the fact that OSHRC clearly did not abuse its discretion by denying LP relief from judgment.