Director, Office of Workers' Compensation Programs, United States Department of Labor v. Peabody Coal Company

OPINION

GILMAN, Circuit Judge.

The Director of the Office of Workers’ Compensation Programs (OWCP) seeks reimbursement from Peabody Coal Company for survivor-benefit payments made by the government’s Black Lung Disability Trust Fund (Trust Fund) to a miner’s widow. Peabody Coal contends that because it had previously paid an excessive amount of benefits due to the miner’s misrepresentations during his lifetime, it should not have to make the reimbursements.

The Director characterizes this dispute as a modification of the order for benefits over which the Department of Labor (DOL) has…