B & S Coal Company and Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Petitioners, a coal mine operator and its insurer, appeal the decision of the Department of Labor’s Benefits Review Board affirming an administrative law judge’s determination that neither the Board nor an ALJ has jurisdiction to consider a challenge to the Department’s method of calculating interest due on unpaid reimbursements of monies paid on behalf of coal operators by the Black Lung Disability Trust Fund (Trust Fund). For the following reasons, we affirm.

I

Although we are presented in this appeal with a pure question of law, a brief discussion of the facts and the relevant regulatory…