Lawrence A. Coleman v. Apogee Coal Company, LLC (Board decision, August 4, 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

Lawrence Coleman sought black lung benefits in a claim involving Apogee Coal and its former parent company's insurance. Following a federal appeals court ruling on liability, the Board dismissed Apogee and the insurer from payment responsibility. The Director of the Office of Workers' Compensation Programs did not oppose Coleman's entitlement to benefits. The Board corrected a prior order that had mistakenly combined this case with an unrelated Coleman case, then dismissed the appeal. It 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: The corrected order concerns only this claim; the dismissed operator and insurer do not pay these benefits.

Full text (BRB public release)

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

BRB No. 25-0215 BLA
Case No. 2019-BLA-05121

LAWRENCE A. COLEMAN 1 0F )
)
Claimant-Respondent
)
)
v. )
)
APOGEE COAL COMPANY, LLC
)
and
)
)
NOT-PUBLISHED
)
Self-Insured Through ARCH COAL
)
COMPANY
) DATE ISSUED: 08/04/2026
)
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

1
The Benefits Review Board recently issued an Order in this case dismissing Apogee Coal Company as the responsible operator and Arch Resources as the responsible insurer. Coleman v. Apogee Coal Co., LLC, BRB No. 25-0215 BLA (July 23, 2026). However, that Order erroneously consolidated this case with an unrelated case, Coleman v. Westbury Coal Mining Partnership, BRB No. 25-0227 BLA. On July 30, 2026, the Director filed a joint motion requesting that the Board correct the caption. We grant this request and have amended this Order’s caption accordingly. Company, Inc. (Arch), 2 the parent company of Hobet Mining, could not be held liable as 1F

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 (Employer) filed a motion to dismiss Apogee Coal Company, self-insured through Arch Resources, as the responsible operator and responsible insurer in these cases pursuant to Meredith. On April 7, 2026, the Director, Office of Workers’ Compensation Programs (the Director), filed a motion to hold this appeal in abeyance until Meredith is not subject to further appeal.

On July 23, 2026, the Board issued an Order denying the Director’s motion to hold this appeal in abeyance, granting Employer’s motion to dismiss Apogee Coal Company as the responsible operator and Arch Resources as the responsible insurer, and ordering the Director to inform the Board within seven days whether he elects to contest entitlement. See 20 C.F.R. §§725.414(a)(3)(iii), 725.497(d). In a July 30, 2026 response to the Board’s Order, the Director states he does not oppose Claimant’s entitlement to benefits.

2
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 Motion to Dismiss at 1 n.1.

2
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.

JONATHAN ROLFE, Acting Chief
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge

3