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

MERRITT, Circuit Judge.

In these consolidated cases arising under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 931-945,1 the appellant is the insurance carrier for the mining company which employed the claimants. The insurance carrier in both cases seeks review of decisions by the Department of Labor’s Benefits Review Board awarding benefits to claimants.

The basic issue in these cases is whether in the administration of the Act the Secretary of Labor must give written notice of the black lung claim to the insurance carrier for the claimant’s employer prior to the administrative…