Ezel / Agency Decisions / WEVA 87-320-C

Beckley Lick Run Company (ALJ decision, January 6, 1988)

Beckley Lick Run Company (FMSHRC WEVA 87-320-C): Compensation complaint dismissed after payment

Decision type
ALJ decision
Docket
WEVA 87-320-C
Decided
January 6, 1988
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 1988 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 1988
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 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.
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

Local Union 2387, District 29, United Mine Workers of America filed a compensation proceeding against Beckley Lick Run Company concerning the Bonny Mine. The complainant asked to withdraw the complaint because the individual complainants had been paid the requested compensation. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11 and dismissed the case. The order did not decide a safety violation or assess a penalty.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The request to withdraw was granted, and the compensation proceeding was dismissed after payment.
  • Key point: A compensation complaint may be withdrawn when the individual complainants have received the requested compensation.

Full text (FMSHRC public release)

CCASE:
UMWA V. BECKLEY LICK RUN
DDATE:
19880106
TTEXT:

Page 2

~1
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

LOCAL UNION 2387, DISTRICT 29,
COMPENSATION PROCEEDING
UNITED MINE WORKERS OF AMERICA,
COMPLAINANTS
Docket No. WEVA 87-320-C

v. Bonny Mine

BECKLEY LICK RUN COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Melick

Complainant requests approval to withdraw its complaint in the captioned case for the reason that the individual Complainants have been paid the requested compensation. 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

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace