Mutual Mining Incorporated (ALJ decision, October 31, 1994)

Plain-English summary

Mutual Mining Incorporated was ordered to answer a complaint for compensation within 30 days or explain why it could not do so. The company did not respond to that order. Judge Gary Melick therefore found the company in default and ordered it to pay compensation within 30 days to the miners listed in Exhibit E to the complaint, with interest through the date of payment. The interest was to be calculated under formulas identified in prior Commission decisions.

Decision snapshot

• Governing authority: 30 U.S.C. § 823(d)(1), the 40-day finality rule for ALJ decisions
• Outcome: Mutual Mining was found in default and ordered to pay the specified compensation and interest.
• Key point: Failure to answer a compensation complaint or explain the failure resulted in a default order requiring payment.

Full text (FMSHRC public release)

CCASE:
UMWA (LOCAL 5817) V. MUTUAL MINING INC. DDATE: 19941031 TTEXT:

Page 2

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

UNITED MINE WORKERS OF
: COMPENSATION PROCEEDING
AMERICA ON BEHALF OF
:
LOCAL 5817,
: Docket No. WEVA 94-284-C
Complainants :
v. :
: Mutual No. 1 Mine
MUTUAL MINING INCORPORATED, :
Respondent :

DEFAULT DECISION

Before: Judge Melick

On August 1, 1994, Respondent, Mutual Mining Incorporated, was ordered to file an Answer to the Complaint for Compensation within 30 days of that date or show good reason for failing to do so.

To date no response to the above order has been received.
Accordingly, Respondent is in default and is hereby ORDERED to pay compensation within 30 days of the date of this order to the miners listed in Exhibit \"E\" attached to the Complaint for Compensation and in the amounts enumerated, plus interest to the date of payment, calculated in accordance with the formula set forth by the Commission in Secretary on behalf of Bailey v. Arkansas-Carbona Co., 5 FMSHRC 2642 (1983) and as applicable, Loc. U. 2274, UMWA v. Clinchfield Coal Co., 10 FMSHRC 1493 (1988), aff'd sub nom. Clinchfield Coal Co. v. FMSHRC, No. 88-1873 (D.C. Cir., February 9, 1990).

Gary Melick
Administrative Law Judge

Distribution:

Judith Rivlin, Esq., United Mine Workers of America, 900 Fifteenth St., N.W., Washington, D.C. 20005 (Certified Mail)

Allen Roe, Superintendent, Mutual Mining Inc., Route 1, Box 695, Sandy Hook, KY 41171 (Certified Mail)

/lh