Marvin Colegrove v. SMC Coal and Terminal Company (Board decision, August 31, 2026)

BRB final decision. The Benefits Review Board dismissed the employer's appeal after it 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

Marvin Colegrove sought black lung benefits from SMC Coal and Terminal Company and its carrier. The employer had appealed but then filed a notice withdrawing its opposition to the claim. It asked the Board to dismiss the appeal and send the case to the district director for payment. The Board treated the notice as a withdrawal of opposition to every issue, dismissed the case, and ordered the employer to pay Colegrove's benefits through the district director. The order did not decide the underlying 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 benefit payment.
• Key point: With the employer no longer disputing any issue, the Board directed payment of benefits.

Full text (BRB public release)

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

BRB No. 26-0158 BLA
Case No. 2025-BLA-05414

MARVIN COLEGROVE
)
)
Claimant-Respondent
) DATE ISSUED: August 31, 2026
)
v. )
)
SMC COAL and TERMINAL
)
COMPANY, c/o SHELL OIL CO., )
)
and
)
)
SHELL MINING COMPANY,
)
c/o Smart Casualty 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 Notice of Withdrawal of Controversion. Employer requests that its appeal be dismissed and that this case be remanded to the District Director 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, this case is dismissed and remanded to the District Director for 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