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

OPINION OF THE COURT

In 1978, Respondent Kovalchick filed a claim for medical benefits under Part C of the Black Lung Benefits Act, 30 U.S.C. § 901 (1978). Petitioner Elliot Coal Mining Company (“Petitioner”) contested both Ko-valchick’s entitlement to benefits and Respondent Director’s identification of Petitioner as a responsible operator under 30 U.S.C. § 802(d) (1977).1

On October 24, 1984, an Administrative Law Judge issued a decision and order finding that Petitioner was not a responsible operator. On June 30,1988, the Benefits Review Board issued a decision and order reversing the ALJ’s…