Shirley Massey (on behalf of Gary Massey) v. Catenary Coal Company (Board decision, August 6, 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

Shirley Massey pursued a black lung claim on behalf of Gary Massey involving Catenary Coal Company and its former parent company's insurance. Following a federal appeals court ruling on liability, the Board dismissed the employer and insurer from the case. The Director of the Office of Workers' Compensation Programs did not oppose 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: The dismissed employer and insurer do not pay these benefits; the Trust Fund does.

Full text (BRB public release)

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

BRB No. 25-0320 BLA
Case No. 2020-BLA-05167

SHIRLEY MASSEY
)
(o/b/o GARY MASSEY)
)
)
Claimant-Respondent
)
)
v. )

CATENARY COAL COMPANY
)
)
NOT-PUBLISHED
)
and
)
) DATE ISSUED: 08/06/2026
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, 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

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. self-insurer of Hobet Mining at the time the claim was filed, went bankrupt. The parties agree that Meredith controls this case.

On April 9, 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 July 16, 2026, the Benefits Review Board issued an Order denying the Director’s motion to hold the appeal in this case in abeyance, dismissed Employer and Arch from the case pursuant to Meredith, 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 July 17, 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.

JONATHAN ROLFE, Acting Chief
Administrative Appeals Judge

DANIEL T. GRESH
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge

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