Kermit Campbell v. John Chaney Trucking Co., Inc. and/or Watts and Chaney Trucking, Inc. (ALJ decision, October 21, 1996)

Plain-English summary

Kermit Campbell sought compensation under section 111 of the Federal Mine Safety and Health Act, saying a federal mine inspector inspected his truck and put it out of service. The application did not allege that a withdrawal order caused the idlement. Campbell later submitted a section 104(a) citation and said the inspector had not written a withdrawal order. Judge Gary Melick dismissed the case because section 111 compensation is available only when a withdrawal order was issued under the Act.

Decision snapshot

• Governing provisions: 30 U.S.C. § 823(d)(1); 30 U.S.C. § 801
• Outcome: The compensation proceeding was dismissed.
• Key point: A section 111 compensation claim requires idlement caused by a withdrawal order, not merely a citation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 21, 1996

KERMIT CAMPBELL, : COMPENSATION PROCEEDING
Applicant :
v. : Docket No. KENT 96-305-C
:
JOHN CHANEY TRUCKING CO., INC.: Mine ID 15-13936 R10 and/or WATTS AND CHANEY : Star Fire Mine
TRUCKING, INC.
:
Respondent :

ORDER OF DISMISSAL

Before: Judge Melick

On July 18, 1996, the Applicant, Kermit Campbell, filed an application for compensation under Section 111 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et. seq., the “Act”, based upon alleged idlement because “Federal Mine Inspector Frank Mayhew inspected and put my truck out of service”. It was not alleged that a withdrawal order caused the idlement. Section 111 of the Act authorizes entitlement to compensation only following the issuance of a withdrawal order under the Act. Accordingly the Applicant was ordered to show cause why his case should not be dismissed.

In response to the show cause order the Applicant submitted a copy of the “Section 104(a)” citation which he maintains was the basis for this application for compensation. Applicant further stated that the inspector “neglected to write a withdrawal order on the citation.”

Under the circumstances, since the alleged idlement was not the result of the issuance of an order under the Act, this case must be dismissed.

Gary Melick
Administrative Law Judge

Page 2

Distribution:

Kermit Campbell, General Delivery, Rowdy, KY 41367

George J. Miller, Esq., Wyatt, Tarrant & Combs, 1700 Lexington Financial Center, Lexington, KY 40507

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