Director, Office of Workers' Compensation Programs v. Black Diamond Coal Mining Co.

ALVIN B. RUBIN, Circuit Judge:

The Director, Office of Workers’ Compensation Programs, United States Department of Labor, appeals from decisions of the United States Department of Labor Benefits Review Board holding the Black Lung Disability Trust Fund liable for attorneys’ fees incurred by claimants of black lung benefits whose last coal mine employment terminated prior to 1970. The issue is whether such a claimant, his employer or the trust fund is to bear the claimant’s attorneys’ fees. We conclude that in amending Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C.…