Norma Mae Willis (on behalf of and survivor of Cecil Willis) v. Apogee Coal Company, LLC (Board decision, June 10, 2026)

BRB final decision. The Benefits Review Board dismissed both appeals 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

Norma Mae Willis pursued black lung benefit claims on behalf of, and as survivor of, Cecil Willis. After a federal appeals court ruling on Arch Resources' liability as a self-insurer, the Board dismissed Apogee Coal and Arch from payment responsibility. The Director of the Office of Workers' Compensation Programs did not oppose entitlement. The Board dismissed both appeals and directed the district director to pay benefits 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; claims returned for Trust Fund payment.
• Key point: Apogee Coal and Arch were 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 Nos. 24-0256 BLA and 25-0027 BLA
Case Nos. 2022-BLA-05961 and 2024-BLA-05623

NORMA MAE WILLIS
)
(o/b/o and Survivor of CECIL WILLIS)
)
)
Claimant-Respondent
)
)
v. )
)
APOGEE COAL COMPANY LLC
)
)
NOT-PUBLISHED
and
)
)
Self-Insured Through ARCH RESOURCES,
) DATE ISSUED: 06/10/2026
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, 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

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 Motions to Dismiss at 1 n.1. 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, Apogee Coal Company LLC, self-insured through Arch Resources, Incorporated, (Employer) filed motions to dismiss it as the responsible operator in these cases pursuant to Meredith. On April 7, 2026, the Director, Office of Workers’ Compensation Programs, (the Director) filed motions to hold the appeals in these cases in abeyance until Meredith is not subject to further appeal.

On May 29, 2026, the Benefits Review Board issued an Order denying the Director’s motions to hold the appeals in these cases in abeyance, granted Employer’s motions to dismiss it as the responsible operator, and ordered the Director to inform the Board within ten 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 5, 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.

DANIEL T. GRESH, Chief
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge

3