James D. McKnight v. Lone Mountain Processing, Inc. (Board decision, August 31, 2026)

BRB final decision. The Benefits Review Board granted the employer's motion to dismiss its appeal after the employer withdrew its opposition to all issues and remanded the case for payment of benefits. 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

James D. McKnight sought black lung benefits from Lone Mountain Processing. The employer appealed an administrative decision but then asked to withdraw its appeal and return the case to the Office of Workers' Compensation Programs for payment. The Board treated the request as a withdrawal of the employer's opposition to every issue. It dismissed the appeal and sent the case to the district director so the employer could pay McKnight's benefits. The order does not decide the disputed benefit issues on their merits.

Decision snapshot

• Authority: Withdrawal of appeal under 20 C.F.R. § 802.401(a).
• Outcome: Employer's appeal dismissed; case returned for payment of benefits.
• Key point: The employer's withdrawal of opposition left benefits payable by the employer.

Full text (BRB public release)

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

BRB No. 26-0132 BLA
Case No. 2021-BLA-06056

JAMES D. MCKNIGHT
)
)
Claimant-Respondent )
)
v. ) DATE ISSUED: August 31, 2026
)
LONE MOUNTAIN PROCESSING, )
INC. C/O ARCH RESOURCES INC. )
)
and
)
)
Self-insured through ARCH COAL INC. )
C/O UNDERWRITERS
)
SAFETY & CLAIMS
)
)
Employer/Carrier-
)
Petitioners
)
)
DIRECTOR, OFFICE OF WORKERS’ )
COMPENSATION PROGRAMS,
)
UNITED STATES DEPARTMENT
)
OF LABOR
)
)
Party-in-Interest
) ORDER

The Board is in receipt of Employer’s Motion to Withdraw Appeal and request for remand. Employer requests that its appeal be dismissed and that this case be remanded to the Office of Workers’ Compensation Programs for payment of benefits.
The Board accepts Employer’s request as a withdrawal of controversion of all issues. See Pendley v. Director, OWCP, 13 BLR 1-23 (1989). Accordingly, we grant Employer’s motion to dismiss its appeal and remand this case to the district director for the payment of benefits to Claimant by Employer. 20 C.F.R. § 802.401(a).

SO ORDERED.

DANIEL T. GRESH
Administrative Appeals Judge

MELISSA LIN JONES
Administrative Appeals Judge

GLENN E. ULMER
Administrative Appeals Judge