Ronald L. Barger v. Perry County Coal, LLC (Board decision, July 14, 2020)

BRB final decision. This unpublished decision is not precedent. The Board dismissed the employer's appeal and returned the claim to the district director for payment by the Black Lung Disability Trust Fund. A Board decision ordinarily becomes final 60 days after issuance unless a timely petition for judicial review or Board reconsideration is filed under 20 C.F.R. § 802.406. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Perry County Coal appealed a judge's award of black lung benefits to Ronald Barger. After the employer reported that it lacked assets under its bankruptcy plan to pay the claim, the Director said the Black Lung Disability Trust Fund accepted liability and did not contest Barger's entitlement. The Director asked the Board to dismiss the appeal and send the case to the district director for payment. The Board granted that request.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B).
• Outcome: Employer's appeal dismissed; claim remanded for Trust Fund payment.
• Key point: The Trust Fund accepted liability and did not dispute the existing benefits award.

Full text (DOL BRB public release)

U.S. Department of Labor
Benefits Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

BRB No. 19-0336 BLA
Case No. 18-BLA-05538

RONALD L. BARGER
)
)
Claimant
)
)
v. )
)
PERRY COUNTY COAL, LLC
) DATE ISSUED: 07/14/2020
)
Employer-Petitioner
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Employer appealed the Decision and Order Awarding Benefits (2018-BLA-05538) of Administrative Law Judge Jason A. Golden rendered on a claim filed pursuant to the Black Lung Benefits Act, as amended, 30 U.S.C. §§901-944 (2012) (Act). On April 27, 2020, counsel for Employer filed a Motion to Withdraw as Counsel of Record, informing the Board that due to Employer’s Chapter 11 bankruptcy plan, it no longer has sufficient assets to satisfy this black lung claim. In a response dated June 8, 2020, the Director, Office of Workers’ Compensation Programs (the Director), filed a Motion to Remand for Payment of Benefits by the Black Lung Disability Trust Fund (the Trust Fund). The Director states that the Trust Fund accepts liability for this claim and does not contest Claimant’s entitlement to benefits. The Director requests that the Board dismiss the appeal, and remand this case to the district director for the payment of benefits by the Trust Fund. In view of the above, the Board grants the Director’s Motion, dismisses this appeal, and remands this case to the district director for the payment of benefits by the Trust Fund. See 26 U.S.C. §9501(d)(1)(B); 20 C.F.R §725.1(c), (c).

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

GREG J. BUZZARD
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge