30 Cited authorities

Director, Off. of Work. Comp. v. Greenwich Collieries
512 U.S. 267 (1994) Cited 438 times 1 Legal Analyses
Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose
Metropolitan Stevedore Co. v. Rambo
521 U.S. 121 (1997) Cited 289 times
Holding that LHWCA contains "mandate to account for the future effects of disability" when fashioning disability awards
Mullins Coal Co. v. Director, Office of Workers' Compensation Programs
484 U.S. 135 (1987) Cited 160 times 1 Legal Analyses
Holding that an agency's consistent interpretation of a regulation it promulgated deserves substantial deference unless it is plainly erroneous or inconsistent with the regulation.
Metropolitan Stevedore Co. v. Rambo
515 U.S. 291 (1995) Cited 62 times 2 Legal Analyses
Stating that the LHWCA "is a comprehensive scheme to provide compensation in respect of disability or death of an employee ... if the disability or death results from an injury occurring upon the navigable waters of the United States"
Ramey ex rel. Ramey v. Director, Office of Workers' Compensation Programs
326 F.3d 474 (4th Cir. 2003) Cited 17 times
No. 02-1630. Argued: February 25, 2003. Decided: April 14, 2003. Petition for review from the Benefits Review Board. ARGUED: Martin Douglas Wegbreit, Southwest Virginia Legal Aid Society, Inc., Castlewood, Virginia; Mark Elliott Solomons, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners. Edward Waldman, for Enforcement, United States Department Of Labor, Washington, D.C., for Respondent. ON BRIEF: Laura Metcoff Klaus, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners. Eugene
Navalo v. Cochise Consultancy, Inc.
666 F. App'x 661 (9th Cir. 2016) Cited 1 times
No. 14-73181 12-01-2016 ARI NAVALO, Petitioner, v. COCHISE CONSULTANCY, INC. and ACE AMERICAN INSURANCE CO. and DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. NOT FOR PUBLICATION BRB No. 14-0095 MEMORANDUM On Petition for Review of an Order of the Benefits Review Board Argued and Submitted October 21, 2016 San Francisco, California Before: KLEINFELD and M. SMITH, Circuit Judges, and KORMAN, District Judge. This disposition is not appropriate for
Director, Office of Workers' Compensation Programs v. Peabody Coal Co.
554 F.2d 310 (7th Cir. 1977) Cited 44 times
Determining that effect of a statute could render "facially specific references . . . [to] operate as general legislative references"
U.S. Pipe Foundry Co. v. Webb
595 F.2d 264 (5th Cir. 1979) Cited 38 times
Upholding Secretary's deviation from the incorporated 33 U.S.C. § 919(b), which requires that an employer be given notice that a claim has been filed within ten days after the claim is filed with a deputy commissioner
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.
266 F. Supp. 2d 502 (N.D.W. Va. 2003) Cited 7 times
Discussing when benefits become due
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 908 - Compensation for disability
33 U.S.C. § 908 Cited 508 times
Allowing determination of partial disability to be based on "any other factors or circumstances in the case which may affect [the claimant's] capacity to earn wages in his disabled condition"
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 922 - Modification of awards
33 U.S.C. § 922 Cited 206 times
Permitting modification "at any time prior to one year after the rejection of a claim"
Section 913 - Filing of claims
33 U.S.C. § 913 Cited 171 times
Stating that "[t]he time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment"
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 9501 - Black Lung Disability Trust Fund
26 U.S.C. § 9501 Cited 61 times
Appropriating revenues to Trust Fund
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"

Byrge v. Premium Coal Co., Inc et al

30 Cited authorities

Holding that, under the Administrative Procedure Act, the burden of proof encompasses the burden of persuasion; when the evidence is evenly balanced, the party with the burden must lose

Holding that LHWCA contains "mandate to account for the future effects of disability" when fashioning disability awards

Holding that an agency's consistent interpretation of a regulation it promulgated deserves substantial deference unless it is plainly erroneous or inconsistent with the regulation.

Stating that the LHWCA "is a comprehensive scheme to provide compensation in respect of disability or death of an employee ... if the disability or death results from an injury occurring upon the navigable waters of the United States"

Determining that effect of a statute could render "facially specific references . . . [to] operate as general legislative references"

Upholding Secretary's deviation from the incorporated 33 U.S.C. § 919(b), which requires that an employer be given notice that a claim has been filed within ten days after the claim is filed with a deputy commissioner

Discussing when benefits become due

Allowing determination of partial disability to be based on "any other factors or circumstances in the case which may affect [the claimant's] capacity to earn wages in his disabled condition"

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

Permitting modification "at any time prior to one year after the rejection of a claim"

Stating that "[t]he time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment"

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

Appropriating revenues to Trust Fund

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"