Director, Office of Workers' Compensation Programs, United States Department of Labor v. Bethlehem Mines Corp.

MURNAGHAN, Circuit Judge:

We are here presented with a difficult issue of interpretation of § 435 of the Black Lung Benefits Reform Act of 1977, 30 U.S.C. § 945. The question is whether certain claims for black lung disability benefits filed before June 30, 1973 are to be paid by the individual coal mine operator responsible for the disability, or are to be paid from the Black Lung Disability Trust Fund.

I

The Director, Office of Workman’s Compensation Programs, seeks consolidated review of four decisions of the Benefits Review Board awarding benefits to claimants for disability or survivor’s…