Deborah R. Baker (on behalf of and widow of Alger R. Baker, Jr.) v. Hobet Mining, Incorporated (Board decision, June 30, 2026)

BRB final decision. The Benefits Review Board dismissed the appeal and remanded the claims 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

Deborah R. Baker pursued black lung claims on behalf of and as the widow of Alger R. Baker, Jr. After a Fourth Circuit decision held that Arch could not be held liable as a self-insurer for benefits arising from a former Hobet subsidiary when Patriot Coal later became bankrupt, Core Natural Resources asked the Board to dismiss Hobet Mining and Arch as the responsible operator. The Director of the Office of Workers' Compensation Programs did not oppose entitlement. The Board dismissed the appeal and remanded the claims to the district director for payment by the Black Lung Disability Trust Fund.

Decision snapshot

• Authority: Trust Fund payment under 26 U.S.C. § 9501(d)(1)(B).
• Outcome: Appeal dismissed and the claims remanded for Trust Fund payment.
• Key point: Hobet Mining and Arch were dismissed as the responsible operator, and the Trust Fund must pay the benefits.

Full text (DOL BRB public release)

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

BRB Nos. 24-0355 BLA and 24-0356 BLA
Case Nos. 2021-BLA-05769 and 2021-BLA-05916

DEBORAH R. BAKER
)
(o/b/o and Widow of ALGER R. BAKER,
)
JR.)
)
)
Claimant-Respondent
)
)
v. )

HOBET MINING, INCORPORATED
)
)
NOT-PUBLISHED
)
and
)
) DATE ISSUED: 06/30/2026
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, Inc. (Hobet Mining), could 0F

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,

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.1. 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 and Arch (Employer) as the responsible operator in these cases pursuant to Meredith. In his March 30, 2026 response to this motion, the Director, Office of Workers’ Compensation Programs (the Director), requested that the Benefits Review Board hold the appeal in these cases in abeyance until Meredith is not subject to further appeal.

On June 16, 2026, the Board issued an Order denying the Director’s request to hold the appeal in these cases in abeyance, granting the motion to dismiss Employer as the responsible operator, 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 June 23, 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 the appeal 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.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge