Paul A. Feltner v. Perry County Coal Corporation (Board decision, June 12, 2020)

BRB final decision. This unpublished order is not precedent. The Board dismissed the employer's appeal and returned the claim for payment of benefits 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's counsel reported that its parent company's bankruptcy plan left the employer without enough assets to pay Paul Feltner's black lung claim. The Director of the Office of Workers' Compensation Programs said the Black Lung Disability Trust Fund accepted liability and did not contest Feltner's entitlement. The Director asked the Board to dismiss the appeal and return the case for payment. The Board granted that request and sent the claim to the district director for Trust Fund payment.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B) and 20 C.F.R. § 725.1(c), (e).
• Outcome: Appeal dismissed; claim returned for payment of benefits by the Trust Fund.
• Key point: The Trust Fund accepted liability and the Director did not contest entitlement.

Full text (DOL BRB public release)

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

BRB No. 19-0552 BLA
Case No. 2017-BLA-05229

PAUL A. FELTNER
)
)
Claimant-Respondent
)
)
v. )
)
PERRY COUNTY COAL CORPORATION,
)
Self-Insured Through GATLIFF COAL
) DATE ISSUED: 06/12/2020
COMPANY
)
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

On April 27, 2020, counsel for employer filed a Notice of Bankruptcy and Motion to Withdraw as Counsel of Record, informing the Board that due to employer’s parent company’s Chapter 11 plan, it no longer has sufficient assets to satisfy this black lung claim. In response, on June 8, 2020, the Director, Office of Worker’s 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), (e).

SO ORDERED.

JUDITH S. BOGGS, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

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