Amax Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Jack Chubb

RIPPLE, Circuit Judge.

Amax Coal Co. (“Amax”) appeals from a grant of benefits by an administrative law judge (“ALJ”) under the Black Lung Benefits Act, 30 U.S.C. § 901' et seq. (“BLBA”), in favor of Jack L. Chubb. The Benefits Review Board (“BRB” or “Board”) affirmed the ALJ’s decision on initial review and again on reconsideration. Amax asserts the ALJ and BRB erred on multiple grounds. It asserts that it was denied due process of law because of the delay in the litigation, that the ALJ’s decision is without substantial evidence, that the statutory presumption for date of onset violates the…