Legal Opinion

BethEnergy Mines, Inc. v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Third Circuit

Decided August 15, 1994No. 93-3428, 93-3429, 93-343093-3431, 93-3432 and 93-3463UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Chief Judge.

The issue presented by this appeal is a jurisdictional one pending as well in three other courts of appeals 1 — whether the administrative bodies that adjudicate black lung claims or the district courts have jurisdiction to resolve disputes regarding interest assessed against coal mine Operators on reimbursements to the Black Lung Disability Trust Fund (the “Fund”) for medical benefits that the Fund previously paid to or on behalf of claimants. Underlying this jurisdictional dispute is a significant legal issue, which is the authority of the…

2Cases cited11 opinions

  1. Pittston Coal Group v. SebbenSupreme Court of the United States · 1988
  2. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  3. Louisville and Nashville Railroad Co. v. Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Sixth Circuit · 1983
  4. Williams v. JonesCourt of Appeals for the First Circuit · 1993
  5. Pyro Mining Co. v. SlatonCourt of Appeals for the Sixth Circuit · 1989

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3Cited by1 opinion

  1. Bethenergy Mines, Inc., No. 93-3428 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Catherine Pierson, Widow/bernard, Bethenergy Mines, Inc., No. 93-3429 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and William Lejuene, Bethenergy Mines Inc., No. 93-3430 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Thomas Grassa, Barnes and Tucker Company, No. 93-3431 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and George Lubert, Bethenergy Mines Inc., No. 93-3432 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Mary Bohachick, Widow/samuel, Bethenergy Mines, Inc., No. 93-3463 v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Industry Patricia J. Doty, (O/b/o James Levanoff Deceased)Court of Appeals for the Third Circuit · 1994

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