No. 14-3719 07-20-2015 PREMIUM COAL COMPANY, INC.; OLD REPUBLIC INSURANCE COMPANY, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; ESTATE OF REDDIN BYRGE, Respondents. RALPH B. GUY, JR., Circuit Judge. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 15a0510n.06 ON PETTION FOR REVIEW OF AN ORDER OF THE BENEFITS REVIEW BOARD Before: GUY, MOORE, and McKEAGUE, Circuit Judges. RALPH B. GUY, JR., Circuit Judge. Petitioners, Premium Coal Company and Old Republic Insurance Company
Civil Action No. 2:11-00248 02-06-2012 GARY HUDSON, Plaintiff, v. PINE RIDGE COAL COMPANY, LLC, Defendant. John T. Copenhaver MEMORANDUM OPINION AND ORDER Pending are defendant's motion to dismiss, filed May 24, 2011, and plaintiff's motion for judgment on the pleadings, filed July 22, 2011. On August 12, 2011, the Director, Office of Workers' Compensation Programs, United States Department of Labor, filed an amicus curiae brief in opposition to defendant's motion to dismiss. It is ORDERED that Pine
(a) Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation's coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease; and that few States provide benefits for death or disability due to this disease to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in
(a) In accordance with the provisions of section 6(a) of the Longshore Act as incorporated by section 422(a) of the Act, and except as provided in § 725.504 , the provisions of this section shall be applicable in determining the date from which benefits are payable to an eligible claimant for any claim filed after March 31, 1980. Except as provided in paragraph (d) of this section, the date from which benefits are payable for any claim approved under part 727 shall be determined in accordance with
(a) (1) In any case in which an operator fails to pay benefits that are due (§ 725.502 ), the beneficiary shall also be entitled to simple annual interest, computed from the date on which the benefits were due. The interest shall be computed through the date on which the operator paid the benefits, except that the beneficiary shall not be entitled to interest for any period following the date on which the beneficiary received payment of any benefits from the fund pursuant to § 725.522 . (2) In any
The Secretary of Labor has delegated authority and assigned responsibility to the Director of OWCP for the Department of Labor's programs under the following statutes: (a) The Federal Employees' Compensation Act, as amended and extended ( 5 U.S.C. 8101 et seq. ), except 5 U.S.C. 8149 as it pertains to the Employees' Compensation Appeals Board. (b) The War Hazards Compensation Act, as amended ( 42 U.S.C. 1701 et seq. ). (c) The War Claims Act of 1948, as amended (50 U.S.C. App. 2003 et seq. ). (d)
Notwithstanding the provisions of § 725.603 , if an operator or other employer or its officers or agents fails to comply with an order awarding benefits that has become final, any beneficiary of such award or the district director may apply for the enforcement of the order to the Federal district court for the judicial district in which the injury occurred (or to the U.S. District Court for the District of Columbia if the injury occurred in the District). If the court determines that the order was