34 Cited authorities

Scott v. Harris
550 U.S. 372 (2007) Cited 11,890 times 11 Legal Analyses
Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,043 times 505 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
United States v. Mead Corp.
533 U.S. 218 (2001) Cited 2,602 times 30 Legal Analyses
Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
Mourning v. Family Publications Service, Inc.
411 U.S. 356 (1973) Cited 814 times 2 Legal Analyses
Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"
Thorpe v. Housing Authority
393 U.S. 268 (1969) Cited 758 times 3 Legal Analyses
Holding that a HUD circular — requiring notice of reasons for eviction be given to tenants in HUD-assisted housing projects — would apply to the eviction of a tenant whose judicial challenge to the eviction was pending at the time of the circular's issuance
Premium Coal Co. v. Director
619 F. App'x 447 (6th Cir. 2015) Cited 2 times
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 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 15a0510n.06 ON PETTION FOR REVIEW OF AN ORDER OF THE BENEFITS REVIEW BOARD Before: GUY, MOORE, and McKEAGUE, Circuit Judges.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
Old Ben Coal Co. v. Luker
826 F.2d 688 (7th Cir. 1987) Cited 29 times
Finding ALJ did not substitute his expertise for the physician's
Hudson v. Pine Ridge Coal Co.
Civil Action No. 2:11-00248 (S.D.W. Va. Feb. 6, 2012) Cited 1 times
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
Nowlin v. Eastern Associated Coal Corp.
331 F. Supp. 2d 465 (N.D.W. Va. 2004) Cited 6 times
Describing the director's interpretation and adopting it
Nowlin v. Eastern Associated Coal Corp.
266 F. Supp. 2d 502 (N.D.W. Va. 2003) Cited 7 times
Discussing when benefits become due
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,128 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 98,051 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,506 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,837 times 22 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions
Section 921 - Review of compensation orders
33 U.S.C. § 921 Cited 1,332 times
Setting standard of review that Benefits Review Board must apply to ALJ's findings
Section 901 - Congressional findings and declaration of purpose; short title
30 U.S.C. § 901 Cited 1,136 times 2 Legal Analyses
(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
Section 932 - Failure to meet workmen's compensation requirements
30 U.S.C. § 932 Cited 448 times
Adopting parts of the Longshore Act "except as otherwise provided . . . by regulations of the Secretary [of Labor]"
Section 914 - Payment of compensation
33 U.S.C. § 914 Cited 276 times
Requiring employers either to pay benefits in full or to controvert "liability to pay compensation" at all
Section 28-3-110 - Actions on public officers' and fiduciary bonds - Actions not otherwise covered - Affidavit of conviction and civil judgment
Tenn. Code § 28-3-110 Cited 123 times 1 Legal Analyses
Providing a ten-year statute of limitations on certain actions, including actions on judgments and "[a]ll other cases not expressly provided for"
Section 922 - Payment of benefits
30 U.S.C. § 922 Cited 66 times
Authorizing living miner's benefits for coal miners totally disabled due to pneumoconiosis
Section 725.503 - Date from which benefits are payable
20 C.F.R. § 725.503 Cited 27 times
(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
Section 725.608 - Interest
20 C.F.R. § 725.608 Cited 24 times
(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
Section 725.607 - Payments of additional compensation
20 C.F.R. § 725.607 Cited 18 times
Noting that the Trust Fund may not be held liable for additional compensation
Section 725.502 - When benefit payments are due; manner of payment
20 C.F.R. § 725.502 Cited 17 times
Explaining that benefits become due after the issuance of an "effective order" and notwithstanding a motion to reconsider or an appeal, "except that benefits shall not be considered due where the payment of such benefits has been stayed by the Benefits Review Board or appropriate court"
Section 1.2 - What functions are assigned to OWCP?
20 C.F.R. § 1.2 Cited 11 times
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)
Section 725.604 - Enforcement of final awards
20 C.F.R. § 725.604 Cited 2 times
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
Section 725.530 - Operator payments; generally
20 C.F.R. § 725.530 Cited 1 times
Incorporating § 725.607

Byrge v. Premium Coal Co., Inc et al

34 Cited authorities

Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"

Holding that a HUD circular — requiring notice of reasons for eviction be given to tenants in HUD-assisted housing projects — would apply to the eviction of a tenant whose judicial challenge to the eviction was pending at the time of the circular's issuance

Finding ALJ did not substitute his expertise for the physician's

Describing the director's interpretation and adopting it

Discussing when benefits become due

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Holding party seeking fees may additionally seek "nontaxable expenses"

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Setting standard of review that Benefits Review Board must apply to ALJ's findings

Adopting parts of the Longshore Act "except as otherwise provided . . . by regulations of the Secretary [of Labor]"

Requiring employers either to pay benefits in full or to controvert "liability to pay compensation" at all

Providing a ten-year statute of limitations on certain actions, including actions on judgments and "[a]ll other cases not expressly provided for"

Authorizing living miner's benefits for coal miners totally disabled due to pneumoconiosis

Noting that the Trust Fund may not be held liable for additional compensation

Explaining that benefits become due after the issuance of an "effective order" and notwithstanding a motion to reconsider or an appeal, "except that benefits shall not be considered due where the payment of such benefits has been stayed by the Benefits Review Board or appropriate court"

Incorporating § 725.607