Big Horn Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, John J. Madia, Real Party in Interest

EBEL, Circuit Judge.

Petitioner Big Horn Coal Company (“Big Horn”) seeks review of a decision by the Benefits Review Board (“BRB”) of the United States Department of Labor (“DOL”) holding Big Horn liable for the black lung benefits, past and present, paid to one of its former miners. Big Horn argues that the liability should instead rest with the Black Lung Benefits Trust Fund. The Director of the Office of Workers’ Compensation Programs (“government” or “DOL”) argues that the BRB lacked subject matter jurisdiction to consider Big Horn’s appeal and that Big Horn waived the liability issue at…