Sherman Ray Smith v. Arch of West Virginia, Incorporated (Board decision, July 28, 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

Sherman Ray Smith sought black lung benefits in a claim involving Arch of West Virginia and its former parent company's insurance. Following a federal appeals court ruling on liability, the Board dismissed the employer and insurer from payment responsibility. The Director of the Office of Workers' Compensation Programs did not oppose Smith's 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 operator 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. 25-0390 BLA
Case No. 2024-BLA-05984

SHERMAN RAY SMITH
)
)
Claimant-Respondent
)
)
v. )
)
ARCH OF WEST VIRGINIA,
)
INCORPORATED
)
)
NOT-PUBLISHED
and
)
)
ARCH RESOURCES, INCORPORATED
) DATE ISSUED: 07/28/2026
)
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 Company, Incorporated (Arch) 1 the parent company of Hobet Mining, could not be held 0F

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

1
Arch Coal, Incorporated 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. 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 Arch of West Virginia, Incorporated, self-insured through Arch Resources (Employer), as the responsible operator in this case pursuant to Meredith. On January 23, 2026, the Director, Office of Workers’ Compensation Programs (the Director), responded to Employer’s motion requesting the Benefits Review Board suspend the briefing schedule in this case until Meredith becomes final. Director’s Response to Employer’s Motion to Dismiss at 1-

2. On March 18, 2026, given the “ongoing appellate proceedings in Meredith,” and to
   promote consistent and efficient adjudication of appeals presenting similar issues, the Board suspended the briefing schedule in this appeal and held the case in abeyance “pending further order of the Board.” Mar. 18, 2026 Order.

   On July 20, 2026, the Board issued an Order granting Employer’s motion to dismiss
   

   it as the responsible operator and insurer 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 27, 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.

                                    DANIEL T. GRESH
                                    Administrative Appeals Judge
   
                                    MELISSA LIN JONES
                                    Administrative Appeals Judge
   
                                    GLENN E. ULMER
                                    Administrative Appeals Judge
   
                                       2