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BIG HORN COAL v. DIR., OFF. OF WORK. COMP. D.O.L.

No. 93-9542.

55 F.3d 545 (1995)

BIG HORN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. John J. Madia, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

May 24, 1995.

Attorney(s) appearing for the Case

John S. Lopatto III of Paulson, Nace, Norwind, and Sellinger, Washington, DC, for petitioner.

Helen H. Cox, U.S. Dept. of Labor, Office of the Sol., Washington, DC (Thomas S. Williamson, Jr., Sol.; Donald Shire, Associate Sol.; and Patricia M. Nece, U.S. Dept. of Labor, Washington, DC, with her on the brief), for respondent.

Martin J. Linnet of Wildeman & Linnet, Denver, CO, for real party in interest.

Before EBEL and SETH, Circuit Judges, and MECHEM, Senior District Judge.

EBEL, Circuit Judge.

Petitioner Big Horn Coal Company ("Big Horn") seeks review of a decision by the Benefits Review Board ("BRB") of the United States Department of Labor ("DOL") holding Big Horn liable for the black lung benefits, past and present, paid to one of its former miners. Big Horn argues that the liability should instead rest with the Black Lung Benefits Trust Fund. The Director of the Office of Workers' Compensation...

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