Elliot Coal Min. Co., Inc. v. Director, Office of Workers Compensation Programs

Elliot Coal Mining Company ("Elliot") petitions for review of an order of the United States Department of Labor Benefits Review Board ("Board"). The ultimate question in this case is whether Elliot or the Black Lung Disability Trust Fund (the "Trust Fund"), financed by an excise tax on coal, must pay black lung benefits due Metro Kovalchick ("Kovalchick" or "claimant") and sixteen other miners who once worked in Elliots mines. The threshold issue is whether that question is one of law or fact. The Board, contrary to an administrative law Judges ("ALJs") finding, held Elliot liable for payment of black lung benefits to any of its employees after December 31, 1969 who suffer disability or death as a result of pneumoconiosis because it was a "responsible operator" within the meaning of the Black Lung Benefits Act, ("the Act"), 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1993). Yebernetsky v. Elliot Coal Mining Co., BRB No. 84-2560 BLA 8-9 (June 30, 1988) ("Yebernetsky II "). It then remanded this case to the Department of Labors Office of Administrative Law Judges for a determination of whether Kovalchick was entitled to black lung benefits under the standards of the Act relating to disability and causation. On remand, the parties stipulated Kovalchick did meet the standards of the Act and was entitled to benefits. The ALJ therefore directed Elliot to pay benefits to Kovalchick in accordance with the Act. The Board affirmed and this petition for review followed. In it, Elliot questions the Boards holding that it was a "responsible operator."