Ezel / Agency Decisions / KENT 93-735-D

Green Coal Company, Inc. (ALJ decision, March 7, 1994)

Green Coal Company, Inc. (FMSHRC KENT 93-735-D): Settlement approved and discrimination proceeding dismissed

Decision type
ALJ decision
Docket
KENT 93-735-D
Decided
March 7, 1994
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-14
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1994 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 1994
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

Bryan Wimsatt and Green Coal Company reached an amicable settlement in a Mine Act discrimination proceeding. The parties jointly asked the ALJ to dismiss the case with prejudice based on their settlement agreement. Judge Roy J. Maurer approved the settlement, canceled the hearing scheduled in Owensboro, Kentucky, and dismissed the proceeding with prejudice.

Decision snapshot

  • Cited standards: The order does not identify specific Mine Act standards.
  • Outcome: The settlement was approved, the scheduled hearing was canceled, and the discrimination proceeding was dismissed with prejudice.
  • Key point: The ALJ approved the parties' settlement and dismissed the discrimination case after finding good cause.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

BRYAN WIMSATT,
: DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. KENT 93-735-D
:
GREEN COAL COMPANY, INC., : MADI CD 93-08 Respondent :
: Henderson County Mine No. 1

ORDER OF DISMISSAL

Before: Judge Maurer

All the parties to this proceeding have reached an amicable settlement and counsel have therefore jointly moved to dismiss this proceeding, with prejudice, on the basis of their settlement agreement.

Accordingly, and for good cause shown, the proposed settlement is approved, the motion to dismiss is GRANTED, the hearing presently set for April 7, 1994, in Owensboro, Kentucky, is CANCELED, and the captioned proceeding is DISMISSED, with prejudice.

Roy J. Maurer
Administrative Law Judge

Distribution:

Frank P. Campisano, Esq., First Trust Centre, Suite 10 North, 200 South Fifth Street, Louisville, KY 40202 (Certified Mail)

Mary Lee Franke, Esq., Kahn, Dees, Donovan & Kahn, 305 Union Federal Building, P. O. Box 3646, Evansville, IN 47738-3646 (Certified Mail)

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