Saginaw Mining Co. V. Mazzulli

KENNEDY, Circuit Judge. Saginaw Mining company ("Saginaw") seeks review of an order of the Benefits Review Board ("the Board") modifying a previous denial and awarding black lung benefits to respondent-employee Antonio Mazzulli. Saginaw and the Director of the Office of Workers' Compensation Programs, United States Department of Labor ("Director"), respondent-party in interest, contend that a claimant for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (BLBA"), must file a request  for modification of a decision of an administrative law judge ("ALJ") regarding entitlement to black lung benefits with a deputy commissioner. Mazzulli maintains that the Board is correct in holding that the claimant must file such a request with the ALJ who decided the claim -- the procedure followed here. We find that, under 33 U.S.C. § 922 and 20 C.F.R. § 725.310, modification requests must be filed with the deputy commissioner. Accordingly, we vacate the ALJ's award of benefits to Mazzulli and remand the action to the deputy commissioner for consideration of Mazzulli's request for modification.