United States Fourth Circuit

Petition for review of a widow of deceased coal minor's challenge to an adverse decision and order retroactively denying decedent's claim for black lung lifetime disability benefits, which had been approved eleven years earlier, and denial of widow's survivor's claim is granted as: 1) the ALJ erred in granting the employer's modification request in that he failed to exercise the discretion accorded to him with respect to such proceedings; and 2) he failed to assess whether reopening the case would render justice under the Black Lung Benefits Act, in light of the various factors pertinent to a proper modification request ruling.

Appellate Information

• Decided 07/17/2007
• Published 07/17/2007

Judges

• Before TRAXLER and KING, Circuit Judges, and JAMES R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John A. Bednarz, Jr., Wilkes-Barre, Pennsylvania, for Petitioner.  William Steele Mattingly, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Respondents.   ON BRIEF:  Woodrow E. Turner, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Respondent Westmoreland Coal Company;  Jonathan L. Snare, Acting Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, Barry H. Joyner, Attorney, Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs.