United Mine Workers of America, Local 1058, District 31 v. Consolidation Coal Company (ALJ decision, June 3, 1996)

Plain-English summary

United Mine Workers of America, Local 1058, sought compensation for miners at Consolidation Coal’s Humphrey No. 7 Mine under section 111 of the Mine Act. After the judge entered a liability decision on April 3, 1996, the parties stipulated to the compensation and interest due. Judge William Fauver ordered Consolidation Coal to pay the stipulated amounts and interest within 30 days. The order and the earlier liability decision together constituted the judge’s final disposition of the proceeding.

Decision snapshot

• Governing provision: 30 U.S.C. § 801 and the Mine Act’s section 111 compensation procedure
• Outcome: Consolidation Coal was ordered to pay the stipulated compensation and interest within 30 days.
• Key point: After liability was decided, the parties’ stipulation allowed the ALJ to enter a final compensation order without relitigating the amounts due.

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
June 3, 1996

UNITED MINE WORKERS OF AMERICA : COMPENSATION PROCEEDING
LOCAL 1058, DIST. 31,
:
Complainant : Docket No. WEVA 95-262-C
v. :
: Humphrey No. 7 Mine
CONSOLIDATION COAL COMPANY, :

FINAL ORDER

Before: Judge Fauver

This proceeding concerns a complaint for compensation pursuant to the first sentence of § 111 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801, et seq.

A decision on liability was entered on April 3, 1996.
Without waiving any right to seek review of that decision, the parties have stipulated the amount of compensation due under the liability decision.

WHEREFORE IT IS ORDERED THAT:

1. Within 30 days of this Order, Respondent shall pay to Complainant the amounts of compensation and interest stipulated through May 30, 1996, for the benefit of the miners named in the stipulation, plus interest accruing from May 30, 1996, until the date of payment.

2. This Order and the Decision of April 3, 1996, constitute the judge’s final disposition of all issues in this proceeding.

William Fauver
Administrative Law Judge

890

Page 2

Distribution:

Judith Rivlin, Esq., United Mine Workers of America, 900 15th St., N.W., Washington, D.C. 20005 (Certified Mail)

Elizabeth Chamberlin, Esq., Consolidation Coal Company, 1800 Washington Rd., Pittsburgh, PA 15241 (Certified Mail)

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