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DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS v. EASTERN ASSOCIATED COAL CORP.

No. 94-3254.

54 F.3d 141 (1995)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. EASTERN ASSOCIATED COAL CORPORATION; Violet M. O'Brockta; Under-koffler Coal; Benjamin Stinner.

United States Court of Appeals, Third Circuit.

Decided April 24, 1995.

Attorney(s) appearing for the Case

Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Christian P. Barber, Counsel for Appellate Litigation, Dorothy L. Page, Edward Waldman (argued), U.S. Department of Labor Office of the Sol. Washington, DC, for petitioner Director, Office of Workers' Compensation Programs.

Mark E. Solomons (argued), Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for respondent Eastern Associated Coal Corp.

Paul K. Paterson, Mascelli, Walsh & Paterson, Scranton, PA, for respondent Underkoffler Coal Service.

Andrew C. Onwudinjo, Krasno, Krasno & Quinn, Pottsville, PA, for respondent Benjamin Stinner.

Before: STAPLETON and COWEN, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

HUYETT, District Judge:

The Black Lung Benefits Act ("BLBA" or "Act"), 30 U.S.C. §§ 901-945, establishes a comprehensive scheme to compensate coal miners and their surviving dependents for medical problems and disabilities caused by pneumoconiosis, also known as black lung disease. 30 U.S.C. § 901(a); BethEnergy Mines, Inc. v. Director, OWCP, 32 F.3d 843, 845 (3d Cir.1994...

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