Audrey L. Cline (on behalf of and survivor of Charles G. Cline) v. Hobet Mining & Construction Company (Board decision, July 16, 2026)

BRB final decision. The Benefits Review Board dismissed the appeals in the miner's and survivor's claims and remanded them 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

Audrey Cline pursued her late husband Charles Cline's black lung claim and her own survivor's claim. After a federal appeals court ruling on insurer liability, the Board dismissed Hobet Mining and Arch Resources from payment responsibility in both claims. The Director of the Office of Workers' Compensation Programs did not oppose entitlement to benefits. The Board dismissed both appeals and sent both claims 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: Both appeals dismissed; both claims returned for Trust Fund payment.
• Key point: The Trust Fund must pay benefits in the miner's and survivor's claims after the operator and insurer were dismissed.

Full text (BRB public release)

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

BRB Nos. 24-0331 BLA and 24-0332 BLA
Case Nos. 2021-BLA-05801 and 2023-BLA-06188

AUDREY L. CLINE
)
(o/b/o and survivor of CHARLES G. CLINE) ) )
Claimant-Respondent
)
)
v. )
)
HOBET MINING & CONSTRUCTION
COMPANY
)
)
NOT-PUBLISHED
)
and
)
) DATE ISSUED: 07/16/2026
Self-Insured Through ARCH RESOURCES, )
INCORPORATED
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’
)
COMPENSATION PROGRAMS, UNITED
)
STATES DEPARTMENT OF LABOR
)
)
Party-in-Interest
)
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 & Construction Company 0F

1
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 Mot. to Dismiss at 1 n.2. (Hobet Mining), could not be held liable as 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.

On October 14, 2025, Core Natural Resources filed a motion to dismiss Hobet Mining as the responsible operator and Arch as the responsible insurer in these cases pursuant to Meredith. On April 9, 2026, the Director, Office of Workers’ Compensation Programs (the Director), filed a motion to hold the appeal in these cases in abeyance until Meredith is not subject to further appeal.

On June 30, 2026, the Benefits Review Board issued an Order denying the Director’s motion to hold the appeals in these cases in abeyance, granting the motion to dismiss Hobet Mining and Arch, and ordering the Director to inform the Board within seven days whether he elects to contest entitlement in these cases. See 20 C.F.R.
§§725.414(a)(3)(iii), 725.497(d). In a July 6, 2026 response to the Board’s Order, the Director states he does not oppose Claimant’s entitlement to benefits.

2
In view of the above, the Board dismisses these appeals and remands these cases 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.

JONATHAN ROLFE
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge