Ezel / Agency Decisions / KENT 86-159-D

Crockett Coal Company, Inc. (ALJ decision, March 20, 1987)

Crockett Coal Company, Inc. (FMSHRC KENT 86-159-D): Default liability confirmed and damages ordered

Decision type
ALJ decision
Docket
KENT 86-159-D
Decided
March 20, 1987
Presiding judge
Gary Melick
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-08-21
Cited standards
30 U.S.C. § 815(c)(3) 30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Crockett Coal was held in default on liability in Gary K. Ratcliff's discrimination proceeding. Ratcliff submitted a statement of costs and damages, and Crockett did not contest it. Judge Gary Melick ordered Crockett to pay $10,043 plus interest within 30 days, subject to the amounts authorized under section 105(c)(3) of the Mine Act.

Decision snapshot

  • Cited standard(s): 30 U.S.C. § 815(c)(3)
  • Outcome: Default liability remained in place, and Crockett Coal was ordered to pay $10,043 plus interest.
  • Key point: After liability was resolved by default, the Judge entered a damages order when the respondent did not contest the complainant's documented costs and damages.

Full text (FMSHRC public release)

CCASE:
GARY RATCLIFF V. CROCKETT COAL
DDATE:
19870320
TTEXT:

Page 2

~618

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

GARY K. RATCLIFF,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 86-159-D v.
PIKE CD 86-18
CROCKETT COAL COMPANY, INC.,
RESPONDENT

DECISION

Before: Judge Melick

By order dated February 27, 1987, Respondent was held in default as to the issue of liability in this case. In accordance with that order the Complainant, Gary K. Ratcliff, thereafter filed a statement of costs and damages and served a copy of that statement upon Respondent by certified mail on March 9, 1987. Respondent has not contested the costs and damages asserted therein.

Accordingly, it is hereby ordered that Respondent, Crockett Coal Company, pay within 30 days of the date of this decision those amounts for which payment may be authorized under section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, namely, $10,043.00 plus interest computed in accordance with the formula set forth in this Commission's decision in Secretary ex rel. Bailey v. Arkansas Carbona Company, 5 FMSHRC 2042 (1983) (copy attached). This order constitutes the final disposition of this proceeding before this Judge.

Gary Melick
Administrative Law Judge

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