Danny W. Gilfilen v. Eastern Associated Coal Company and Peabody Energy Corporation (Board decision, March 8, 2021)

BRB final decision. This unpublished order is not precedent. The Benefits Review Board dismissed the employer's appeal after the Black Lung Disability Trust Fund accepted responsibility for Danny Gilfilen's benefits. It sent the claim to the district director for payment. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or reconsideration is filed. A party may seek Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Eastern Associated Coal and Peabody Energy appealed their designation as the parties responsible for paying Danny Gilfilen's Black Lung benefits. They argued the Black Lung Disability Trust Fund should pay instead. The Director of the Office of Workers' Compensation Programs accepted Trust Fund liability and did not contest Gilfilen's entitlement. The Board granted the Director's request, dismissed the appeal, and sent the claim to the district director for payment by the Trust Fund.

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: Employer's appeal dismissed; district director to arrange Trust Fund payment.
• Key point: Once the Trust Fund accepted liability and entitlement was uncontested, the carrier appeal no longer required a Board ruling.

Full text (DOL BRB public release)

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

BRB No. 20-0222 BLA
2018-BLA-05561

DANNY W. GILFILEN
)
)
Claimant-Respondent
)
)
v. )
)
EASTERN ASSOCIATED COAL
)
COMPANY
)
)
and
)
) DATE ISSUED: 03/08/2021
PEABODY ENERGY CORPORATION
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
) ORDER

Employer and its Carrier (Employer) have filed a petition for review and brief contesting the responsible operator and carrier designations in this case. Employer argues liability for the payment of benefits should transfer to the Black Lung Disability Trust Fund (Trust Fund). The Director, Office of Workers’ Compensation Programs (the Director), responds that the Trust Fund accepts liability for this claim and does not contest Claimant’s entitlement to benefits. The Director requests that the Benefits Review Board dismiss the appeal, and remand this case to the district director for the payment of benefits by the Trust Fund. The Board grants the Director’s request, 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

MELISSA LIN JONES
Administrative Appeals Judge