The Youghiogheny and Ohio Coal Company v. Steve Vahalik and Director, Office of Workers' Compensation Programs, United States Department of Labor

KENNEDY, Circuit Judge.

Petitioner The Youghiogheny and Ohio Coal Company (“Y & 0”) seeks review of the decision of the Benefits Review Board (“Board”) granting recovery to the Director, Office of Workers’ Compensation Programs (“Director”), of additional interest owing on interim benefits paid by the government under the Black Lung Disability Trust Fund (“Trust Fund”) program. For the reasons set forth below, we DISMISS this appeal, finding that neither the administrative law judge nor the Board had subject matter jurisdiction over the United States’ claim.

I

Respondent Steve Vahalik filed an…