Calvin Allen v. Hobet Mining, Incorporated (Board decision, June 30, 2026)

BRB final decision. The Benefits Review Board dismissed the appeal and remanded the claim to the district director for payment by the Black Lung Disability Trust Fund. Under 20 C.F.R. § 802.406, a Board decision becomes final 60 days after issuance unless a timely petition for judicial review or a timely request for Board reconsideration is filed. A party may request Board reconsideration within 30 days under 20 C.F.R. § 802.407.

Plain-English summary

Calvin Allen sought black lung benefits in a claim involving Hobet Mining and its former parent company's insurance. After a federal appeals court ruling on liability, the Board dismissed Hobet as the responsible operator. The Director of the Office of Workers' Compensation Programs did not oppose Allen's entitlement to benefits. The Board dismissed the appeal and sent the claim to the district director for payment from the Black Lung Disability Trust Fund.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B).
• Outcome: Appeal dismissed; claim returned to the district director for Trust Fund payment.
• Key point: Hobet was dismissed from payment responsibility, and the Trust Fund must pay the benefits.

Full text (BRB public release)

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

BRB No. 24-0282 BLA
Case No. 2019-BLA-06231

CALVIN ALLEN
)
)
Claimant-Respondent
)
)
v. )
)
HOBET MINING, INCORPORATED
)
and
)
)
NOT-PUBLISHED
)
Self-Insured Through ARCH RESOURCES
)
) DATE ISSUED: 06/30/2026
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
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COMPENSATION PROGRAMS, UNITED
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STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
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ORDER
On October 1, 2025, the United States Court of Appeals for the Fourth Circuit, within whose jurisdiction this case arises, held in Hobet Mining, Inc. v. Director, OWCP [Meredith], 156 F.4th 385 (4th Cir. 2025), reh’g denied (Mar. 16, 2026), that Arch Coal Company, Inc., (Arch) 1 the parent company of Hobet Mining, could not be held liable as 0F

a self-insurer for the payment of benefits arising out of a miner’s employment with Arch’s former subsidiaries, including Hobet Mining, when Patriot Coal, the subsequent owner and self-insurer of Hobet Mining at the time the claim was filed, went bankrupt. The parties agree that Meredith controls this case.

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Arch Coal, Inc., is also known as Arch Resources. Arch has merged with CONSOL Energy and is now known as Core Natural Resources. Employer’s Opposition to the Director’s Mot. at 1 n.1.
Hobet Mining, Inc., self-insured through Arch Resources, (Employer) asserts in its petition for review and supporting briefing that it should be dismissed as the responsible operator in this case pursuant to Meredith. Employer’s Brief at 24, 26-28; Employer’s Reply to the Director’s Response at 1, 3-17. On April 8, 2026, the Director, Office of Workers’ Compensation Programs, (the Director) filed a motion to hold the appeal in this case in abeyance until Meredith is not subject to further appeal.

On June 3, 2026, the Benefits Review Board issued an Order denying the Director’s motion to hold the appeal in this case in abeyance, dismissed Employer as the responsible operator, and ordered the Director to inform the Board within seven days whether he elects to contest entitlement in this case. See 20 C.F.R. §§725.414(a)(3)(iii), 725.497(d). In a June 10, 2026 response to the Board’s Order, the Director states he does not oppose Claimant’s entitlement to benefits.

In view of the above, the Board dismisses this appeal and remands this case to the district director for the payment of benefits by the Black Lung Disability Trust Fund. See 26 U.S.C. §9501(d)(1)(B); 20 C.F.R. §725.1(c), (e).

SO ORDERED.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

JONATHAN ROLFE
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge

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