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GIBRALTAR COAL CO. v. HASKINS

Nos. 83-3334, 83-3335, 83-3336, 83-3359 and 83-3418.

749 F.2d 367 (1984)

GIBRALTAR COAL COMPANY and Old Republic Insurance Companies, Petitioners, v. John L. HASKINS and Director, Office of Workers' Compensation Programs, et al., Respondents (83-3334). NATIONAL MINES CORPORATION and Old Republic Insurance Companies, Petitioners, v. Dillard JOHNSON and Director, Office of Workers' Compensation Programs, et al., Respondents (83-3335). PEABODY COAL COMPANY and Old Republic Insurance Companies, Petitioners, v. Malcolm O. GRIGGS and Director, Office of Workers' Compensation Programs, et al., Respondents (83-3336). TARHEEL COALS, INC., Petitioner, v. Johnny SMITH and Director, Office of Workers' Compensation Programs, et al., Respondents (83-3359). KENTUCKY CARBON CORPORATION, Petitioner, v. John WEBB and Director, Office of Workers' Compensation Programs, et al., Respondents (83-3418).

United States Court of Appeals, Sixth Circuit.

Decided December 10, 1984.

Attorney(s) appearing for the Case

John L. Kilcullen, Kilcullen, Wilson & Kilcullen, Mark E. Solomons (argued), Washington, D.C., for petitioners in all cases.

Agnes Kurtz, Benefits Review Bd., U.S. Dept. of Labor, Jeffrey J. Bernstein; Janice B. Corwin, Allen H. Feldman (argued), U.S. Dept. of Labor, Special Appellate and Supreme Court Litigation Div., Washington, D.C., for respondents in all cases.

Ronald K. Bruce, Greenville, Ky., for respondents in No. 83-3334.

Grayson Johnson, Hindman, Ky., for respondents in No. 83-3335.

A.V. Conway, II, Beaver Dam, Ky., for respondents in No. 83-3336.

Donald Shire, J. Michael O'Neill, Associate Sols., U.S. Dept. of Labor, Washington, D.C., H.B. Noble, Hazard, Ky., for respondents in No. 83-3359.

Robert J. Greene, Webb, Greene & Belhasen, Paintsville, Ky., for respondents in No. 83-3418.

Before EDWARDS, Circuit Judge, BROWN, Senior Circuit Judge, and SILER, District Judge.

SILER, District Judge.

These are five cases presenting the identical issue on appeal: When does interest on an award of benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., commence?

In one case (83-3359), the Administrative Law Judge (ALJ) held interest was to be computed from the last month the claimant was employed as a coal miner. In the other four, the ALJ held interest was to be computed from the date the claim was filed....

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