Bethenergy Mines, Inc. v. Henderson

OPINION

Respondent James Henderson was awarded black lung benefits by an ALJ in 1987. Petitioner BethEnergy Mines, Inc., Henderson’s employer, sought modification of the award, contending that the ALJ had made “a mistake in a determination of fact” in initially awarding benefits to Henderson. Upon reconsideration, the ALJ found, based on new evidence proffered by BethEnergy, that it had been mistaken in a determination of fact. Nevertheless, the ALJ denied reopening because it held that reopening would not “render justice under the Act.” The Benefits Review Board affirmed. For the reasons that…