Ezel / Agency Decisions / LAKE 88-123-D

Amax Coal Company (ALJ decision, April 7, 1989)

Amax Coal Company (FMSHRC LAKE 88-123-D): Discrimination damages set at $1,000

Decision type
ALJ decision
Docket
LAKE 88-123-D
Decided
April 7, 1989
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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 an 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

Amax Coal Company had already lost a discrimination complaint brought by Donald F. Denu. The parties later agreed that the costs and damages totaled $1,000. Judge Gary Melick ordered Amax to pay Denu $1,000 within 30 days of the order.

Decision snapshot

  • Cited standard(s): None stated in this order
  • Outcome: The parties' agreement on costs and damages was approved, and Amax was ordered to pay $1,000.
  • Key point: A later order can resolve the costs and damages remaining after an employee discrimination complaint has been granted.

Full text (FMSHRC public release)

CCASE:
DONALD F. DENU V. AMAX COAL COMPANY
DDATE:
19890407
TTEXT:

Page 2

~563
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

DONALD F. DENU,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. LAKE 88-123-D
v. VINC - CD 88-08

AMAX COAL COMPANY
Ayrshire Mine
RESPONDENT

ORDER

Appearances: Donald F. Denu, Rockport, Indiana, pro se;
D. C. Ewigleben, Esq., Amax Coal Company, Indianapolis, Indiana for Respondent

Before: Judge Melick

By decision dated March 3, 1989, the Discrimination Complaint of Donald F. Denu was granted. The parties subsequently reached agreement as to costs and damages at $1,000. Accordingly Amax Coal Company is directed to pay to Donald F. Denu the amount of $1,000 within 30 days of the date of this order.

Gary Melick
Administrative Law Judge
(703) 756-6261

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