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WARNER COAL v. DIR., OFFICE OF WORKERS' COMP. PROG.

Nos. 85-3766, 85-3767.

804 F.2d 346 (1986)

In the Matter of WARNER COAL COMPANY, et al. (85-3766), Pyro Mining Company, et al. (85-3767), Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR (85-3766/67), Respondent, L.C. Saylor (85-3766), John M. Slaton (85-3767), Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 30, 1986.

Opinion on Rehearing December 17, 1986.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for petitioners.

J. Michael O'Neill, Diane Hodes, Thomas L. Holzman (argued), Mark Robson, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., Henry E. Hayden (argued) Hayden & McKnown, Hartford, Ky., Stephen R. Chappell (argued), Goss, Chappell, Brashear, & Goss, Harlan, Ky., for respondents.

Before LIVELY, Chief Judge, MERRITT, Circuit Judge, and TIMBERS, Senior Circuit Judge.

MERRITT, Circuit Judge.

In these consolidated cases arising under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 931-945,1 the appellant is the insurance carrier for the mining company which employed the claimants. The insurance carrier in both cases seeks review of decisions by the Department of Labor's Benefits Review Board awarding benefits to claimants.

The basic issue in these cases is whether in the...

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