Ezel / Agency Decisions / VA 92-59-C

Island Creek Coal Company (ALJ decision, June 17, 1992)

Island Creek Coal Company (FMSHRC VA 92-59-C): Compensation proceeding dismissed after settlement

Decision type
ALJ decision
Docket
VA 92-59-C
Decided
June 17, 1992
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
29 C.F.R. § 2700.11
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.
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.
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

Roy Farmer, on behalf of other miners, asked to withdraw a compensation complaint against Island Creek Coal Company based on a settlement of the underlying dispute. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. He dismissed the case.

Decision snapshot

  • Cited provision: 29 C.F.R. § 2700.11.
  • Outcome: The compensation proceeding was dismissed after the complainants' request to withdraw based on settlement.
  • Key point: The judge approved withdrawal of the complaint and dismissed the settled proceeding.

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

ROY FARMER ON BEHALF OF
COMPENSATION PROCEEDING
OTHER MINERS,
COMPLAINANT
Docket No. VA 92-59-C
v.
ISLAND CREEK COAL COMPANY,
VP-3 Mine
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainants request approval to withdraw their complaint in the captioned case based upon a settlement of the underlying dispute. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. § 2700.11. This case is therefore dismissed.

Gary Melick
Administrative Law Judge
703-756-6261

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