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SEA "B" MINING CO. v. DIRECTOR, OWCP

No. 93-1784.

45 F.3d 851 (1995)

SEA "B" MINING COMPANY; Clinchfield Coal Company; Amigo Smokeless Coal Company; Pittston Coal Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1995.

Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Arter & Hadden, Washington, DC, for petitioners. Deborah Elaine Mayer, Office of Sol., U.S. Dept. of Labor, Washington, DC, for respondent. ON BRIEF: William E. Berlin, Arter & Hadden, Washington, DC, for petitioners. Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Enforcement, Office of Sol., U.S. Dept. of Labor, Washington, DC, for respondent.

Before RUSSELL, WIDENER, and HAMILTON, Circuit Judges.

Petition denied by published opinion. Judge HAMILTON wrote the opinion, in which Judge RUSSELL and Judge WIDENER joined.

OPINION

HAMILTON, Circuit Judge:

The issue presented in this consolidated appeal is whether, under the Black Lung Benefits Act (the Black Lung Act or the Act), 30 U.S.C. §§ 901-960, an Administrative Law Judge (ALJ) and the Benefits Review Board (the Board) have jurisdiction over issues involving the computation of interest...

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