Ila Redden (Widow of Ray Redden), and Mulga Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor

In this Black Lung Benefits case, we hold that we do not have jurisdiction of an appeal from a decision by the Benefits Review Board to vacate an administrative law judge’s decision which transferred liability for benefits to the Black Lung Disability Trust Fund. The Review Board reinstated the last employer as a party and remanded the case for the administrative law judge to conduct a hearing on the. issue of the claimant’s eligibility for benefits.

In dismissing this appeal, we follow the decisions of the other circuits which have decided this point. Youghiogheny and Ohio Coal Co. v. Baker,…