Read Sewell Coal Co. v. Dir., Office of Workers' Compensation Programs, 06-1592

In proceedings arising from a claim for benefits under the Black Lung Benefits Act (the BLBA), an order of the Benefits Review Board affirming an award of benefits is vacated and remanded where: 1) the three year statute of limitations under 20 C.F.R. section 725.308(a) applies to subsequent claims for benefits; and 2) a remand was proper for further proceedings on whether the claim was timely under the three year statute of limitations, as it applies to subsequent claims.

Appellate Information

• Decided 04/22/2008
• Published 04/22/2008

Judges

• Before WILLIAMS, Chief Judge, NIEMEYER, Circuit Judge, and LIAM O'GRADY, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Douglas Allan Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner.  Raya Jarawan, Washington and Lee University, Legal Clinic, School of Law, Lexington, Virginia;  Barry H. Joyner, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents.   ON BRIEF:  Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner.  Renae Reed Patrick, Mary Z. Natkin, Virginia H. Rogers, Washington and Lee University, Legal Clinic, School of Law, Lexington, Virginia, for Respondent William Dempsey.  Jonathan L. Snare, Acting Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.