Secretary of Labor (MSHA) v. W-P Coal Company (ALJ decision, September 24, 1984)

Plain-English summary

MSHA and W-P Coal Company proposed to settle a civil penalty case involving the No. 21 Mine for $7,000, down from an original $8,000 assessment. The motion described the alleged violation as the cause of an accident in which one miner died and four others were seriously injured. Further investigation and pretrial discovery led the parties to conclude that the company's negligence was less than first believed. Judge James A. Broderick accepted that explanation, approved the settlement, and ordered payment within 30 days. The decision does not identify the standard involved.

Decision snapshot

• Cited standards: None identified in the decision.
• Outcome: Settlement approved for $7,000, reduced from the original $8,000 assessment.
• Key point: The judge accepted the parties' reassessment of negligence as a basis for the reduced settlement.

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

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEVA 84-245
Petitioner : A.C. No. 46-05801-03524
v. :
: No. 21 Mine
W-P COAL COMPANY,
:
Respondent :

DECISION APPROVING SETTLEMENT
Before: Judge Broderick
On September 10, 1984, the Secretary of Labor filed a motion for approval of a settlement reached by the parties in this case. The violations were originally assessed at $8,000 and the parties propose to settle for $7,000.
The motion states that although the violation was serious (it was allegedly the cause of an accident resulting in a fatal injury to one miner and serious injuries to four others), further investigation including pretrial discovery has persuaded the parties that the operator's negligence was not as great as originally believed. I accept the represen- tations in the motion, and conclude that the settlement should be approved.
Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $7,000 within 30 days of the date of this decision.

James A. Broderick
Administrative Law Judge

Distribution:
William M. Connor, Esq., Office of the Solicitor, U.S. Department of Labor, Room 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail) Harold S. Albertson, Jr., Esq., Albertson & Jones, P.O. Box 1989, Charleston, WV 25327 (Certified Mail)

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