Ezel / Agency Decisions / KENT 92-915

Elmer Darrell Burgan v. Harlan Cumberland Coal Co. (ALJ decision, December 9, 1992)

Elmer Darrell Burgan v. Harlan Cumberland Coal Co. (FMSHRC KENT 92-915): Hearing continued without date

Decision type
ALJ decision
Docket
KENT 92-915
Decided
December 9, 1992
Presiding judge
Jerold Feldman
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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.
Interlocutory ALJ order, not Commission precedent
This order granted a continuance while the discrimination proceeding continued. It did not dispose of the case or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). It 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Elmer Darrell Burgan's discrimination hearing against Harlan Cumberland Coal Company was scheduled for December 22, 1992. The parties asked to continue the hearing while they sought to consolidate Burgan's claim with a related, not-yet-docketed discrimination case against commonly owned Dixie Fuel Company. Judge Jerold Feldman granted the joint motion and continued the hearing without setting a new date.

Decision snapshot

  • Cited standards: None identified in the order
  • Outcome: The joint motion for a continuance was granted, and the hearing was continued without date.
  • Key point: The judge deferred the hearing while awaiting discovery and assignment of a related case that could affect consolidation.

Full text (FMSHRC public release)

Page 2

~2135

ELMER DARRELL BURGAN, : DISCRIMINATION PROCEEDING Complainant :
: Docket No. KENT 92-915
v. : BARB-CD-92-31
:
HARLAN CUMBERLAND COAL CO., : Harlan Mine Respondent :

ORDER OF CONTINUANCE

Before me for consideration is a Joint Motion for Continuance of the hearing in this matter scheduled for December 22, 1992, in Lexington, Kentucky. The instant motion is predicated on the parties' intention to seek consolidation of this proceeding with the complainant's discrimination claim against Dixie Fuel Company, a case that has yet to be docketed or assigned to me. Harlan Cumberland Coal Company and Dixie Fuel Company are apparently commonly owned. This matter allegedly concerns safety complaints made by Mr. Burgan at the Harlan Cumberland Coal Company and Mr. Burgan's subsequent transfer and ultimate discharge from his employment at the Dixie Fuel Company.

In their Joint Motion, the parties have agreed to inform me when discovery is completed in the Dixie Fuel case. Upon completion of discovery and the assignment of the Dixie Fuel matter to me, I will issue an order addressing the complainant's request for consolidation and the rescheduling of these trial proceedings.

In view of the above, the parties' Joint Motion for Continuance IS GRANTED, and the hearing in this discrimination matter is continued without date.

Jerold Feldman
Administrative Law Judge
(703) 756-5233

Distribution:

Kent Hendrickson, Esq., Rice, Huff & Hendrickson, 417 East Mound Street, P.O. Box 980, Harlan, KY 40831 (Certified Mail)

Phyllis L. Robinson, Esq., P.O. Box 952, Hyden, KY 41749 (Certified Mail)

vmy

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Try Ezel Pro free for 7 days. Cancel anytime before the trial ends and you pay nothing.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace