Dominion Coal Corporation v. Tommy Honaker Director, Office of Workers' Compensation Programs, United States Department of Labor

Reversed and remanded by published . opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge PHILLIPS and District Judge ELLIS joined.

OPINION

NIEMEYER, Circuit Judge:

When Tommy Honaker, a former coal miner, was denied black lung benefits under the Black Lung Benefits Act by a decision of the Administrative Law Judge (“ALJ”), he appealed that decision to the Benefits Review Board, but only after the applicable statute’s 30-day period for appealing had run. Ruling that the appeal was not untimely and that the Board had jurisdiction to hear the case, the Board addressed the merits of…