Ezel / Agency Decisions / KENT 86-11-C

Ted V. Dalton et al. v. Peabody Coal Company (ALJ decision, September 9, 1986)

Ted V. Dalton et al. v. Peabody Coal Company (FMSHRC KENT 86-11-C): Compensation complaint dismissed after payment

Decision type
ALJ decision
Docket
KENT 86-11-C
Decided
September 9, 1986
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-19
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Miners represented by the UMWA had sought compensation from Peabody Coal Company for lost pay. The union moved to withdraw their complaint after each complainant received $21.69 for the claimed loss on August 9, 1984. Judge James Broderick granted the withdrawal motion and dismissed the proceeding. The order did not decide a disputed safety violation or impose a penalty.

Decision snapshot

  • Cited standard: None identified in this dismissal order.
  • Outcome: The compensation proceeding was dismissed after the complainants were paid.
  • Key point: The judge granted withdrawal when the union reported that the claimed lost pay had been paid.

Full text (FMSHRC public release)

CCASE:
TED DALTON V. PEABODY COAL
DDATE:
19860909
TTEXT:
~1338

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

TED V. DALTON, ET AL.,
COMPENSATION PROCEEDING
COMPLAINANTS
Docket No. KENT 86-11-C v.
Camp No. 2 Mine
PEABODY COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

On September 4, 1986, the UMWA on behalf of the complainants filed a Motion to Withdraw the complaint for compensation on the ground that the complainants have been compensated each in the amount of $21.69 for the loss of pay claimed on August 9, 1984.

Premises considered, the Motion is GRANTED, and this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

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