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PAULEY v. BETHENERGY MINES, INC.

No. 89-1714.

501 U.S. 680 (1991)

PAULEY, SURVIVOR OF PAULEY v. BETHENERGY MINES, INC., ET AL.

Supreme Court of the United States.

Decided June 24, 1991.

Attorney(s) appearing for the Case

Mark E. Solomons argued the cause for respondents in No. 89-1714 and petitioners in Nos. 90-113 and 90-114. With him on the briefs for petitioners in Nos. 90-113 and 90-114 were Laura Metcoff Klaus, Allen R. Prunty, and John J. Bagnato. Messrs. Bagnato and Solomons, Ms. Klaus, Curtis H. Barnette, and Mr. Prunty filed a brief for respondent BethEnergy Mines, Inc.

Christopher J. Wright argued the cause for the federal respondent in all cases. With him on the briefs were Solicitor General Starr, Deputy Solicitor General Shapiro, Allen H. Feldman, and Edward D. Sieger.

Julian N. Henriques, Jr., argued the cause for petitioner in No. 89-1714 and private respondents in Nos. 90-113 and 90-114. With him on the briefs for petitioner in 89-1714 were Robert E. Lehrer, Timothy P. Creany, and Blair V. Pawlowski. Sherry Lee Wilson filed a brief for respondent Taylor in No. 90-113. Thomas R. Michael filed a brief for respondent Dayton in No. 90-114.†

JUSTICE BLACKMUN delivered the opinion of the Court.

The black lung benefits program, created by Congress, was to be administered first by the Social Security Administration (SSA) under the auspices of the then-existent Department of Health, Education, and Welfare (HEW), and later by the Department of Labor (DOL). Congress authorized these Departments, during their respective tenures, to adopt interim regulations governing the adjudication of claims for black lung...

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