R&H Steel Buildings, Inc. v. Director, Office of Workers' Compensation Programs

EVANS, Circuit Judge.

R&H Steel Buildings, Inc. performs construction work at coal mine sites. For that reason, even though it is not a coal mining company it can, under certain circumstances, be held responsible for paying benefits for its employees under the Black Lung Benefits Act, 30 U.S.C, § 901 et seq. In this case the Benefits Review Board of the Department of Labor found that R&H was, in fact, responsible for reimbursement of benefits paid on behalf of Rudolph Seibert by the Black Lung Disability Trust Fund. R&H appeals.

The appeal involves first, whether Seibert’s disability was a…