Ronald H. McCracken v. Valley Camp Coal Company (Commission decision, May 28, 1980)

Plain-English summary

Ronald H. McCracken petitioned for discretionary review in his case against Valley Camp Coal Company. He claimed that newly discovered evidence warranted reopening the record and further proceedings. The Commission granted review and sent the case back to the ALJ for a ruling on that claim. It did not decide whether to reopen the record or grant other relief.

Decision snapshot

• Cited standard: No mine safety standard is cited in this order.
• Outcome: Review granted and case remanded to the ALJ; no penalty or other relief decided.
• Key point: The ALJ must decide whether the claimed new evidence warrants reopening the record.

Full text (FMSHRC public release)

CCASE:
RONALD MCCRACKEN V. VALLEY CAMP COAL
DDATE:
19800528
TTEXT:

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, D.C. 20006
May 28, 1980

RONALD H. McCRACKEN

v. Docket No. WEVA 79-116-D

VALLEY CAMP COAL COMPANY

DIRECTION FOR REVIEW AND ORDER

The petition for discretionary review filed by Mr. McCracken is granted. The case is remanded to the administrative law judge for a ruling on Mr. McCracken's claim that newly-discovered evidence warrants re-opening of the record and further proceedings.