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TAZCO, INC. v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 89-3230.

895 F.2d 949 (1990)

TAZCO, INCORPORATED; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAM, UNITED STATES DEPARTMENT OF LABOR; Franklin Osborne, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 8, 1990.

Attorney(s) appearing for the Case

Mark E. Solomons (Richard L. Rennert, Arter & Hadden, Washington, D.C., on brief), for petitioners.

Michael John Denney, Counsel for Appellate Litigation (Robert P. Davis, Sol. of Labor, New York City, Donald S. Shire, Associate Sol. for Black Lung Benefits, U.S. Dept. of Labor, Washington, D.C., on brief), for respondents.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and YOUNG, Senior District Judge for the District of Maryland, sitting by designation.

WILKINSON, Circuit Judge:

The issue before us is whether a default award on a claim for black lung benefits entered by the Department of Labor against a coal mine operator may stand, where the insurance carrier liable for the claim received no notice of the pending adjudication. The Benefits Review Board held that the Department of Labor was only required to notify the responsible operator because the operator and the carrier are one entity for the purpose of notification...

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