The 6th U.S. Circuit Court of Appeals on Monday denied a petition by a coal company and its insurer challenging a former worker’s award for compensation under the Black Lung Benefits Act for injuries the man suffered from working in coal mines for nearly two decades.
The federal appellate court denied an appeal by Arch Coal Inc. and Apogee Coal Co. LLC, which contested liability for a claim filed by David Howard, who worked as a coal miner from 1978 to 1997. His most recent employer was Apogee Coal.
The defendants didn’t contest Mr. Howard’s entitlement to benefits for legal pneumoconiosis but disputed being identified as the liable insurer on Mr. Howard’s claim.
The Black Lung Benefits Act provides benefits to miners who suffer lung diseases caused by prolonged exposure to coal dust.
At the time of Mr. Howard’s retirement in 1997, Apogee was self-insured through its owner, Arch Resources, formerly known as Arch Coal.
In 2019, Arch moved to transfer liability for the claim to the Black Lung Disability Trust Fund, a motion denied by an administrative law judge.
In subsequent litigation, Arch raised due process arguments, contending that it was not given proper notice that it was named as Apogee’s insurer, and that another insurer had originally been named as the sole responsible party.
The 6th Circuit disagreed, ruling that Arch provided “no extraordinary circumstances justifying its motion to expand the record,” and failed to make “any meritorious argument” on the merits of a Black Lung review board’s decision on liability.