Ezel / Agency Decisions / kent-93-735-d-alj
FMSHRC ALJ decision Docket KENT 93-735-D Decided March 7, 1994 Settled Judge Roy J. Maurer

Green Coal Company, Inc.

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

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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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