C & K Coal Co. v. Taylor

OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this Petition for Review is whether the successor operator of a coal mine is responsible for payment of Black Lung benefits to a long-time employee of the mine who worked for the successor for only a few months. We conclude that, under the Black Lung Benefits Act and implementing regulations, the successor operator, as opposed to the prior operator, is liable. We also decide that, despite inexcusable and prolonged delay in the administrative process, responsibility for payment should not be shifted to the Black Lung Disability Trust Fund…