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CONSOLIDATION COAL CO. v. BORDA

No. 98-1109.

171 F.3d 175 (1999)

CONSOLIDATION COAL COMPANY, Petitioner, v. Albert A. BORDA; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 15, 1999.

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly, Jackson & Kelly, Morgantown, West Virginia, for Petitioner. Gregory C. Hook, Hook & Hook, Waynesburg, Pennsylvania, for Respondent Borda; Jill M. Otte, United States Department of Labor, Washington, D.C., for Respondent Director. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Donald S. Shire, Associate Solicitor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WILKINS and NIEMEYER, Circuit Judges, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge FRIEDMAN joined.

OPINION

NIEMEYER, Circuit Judge:

Albert Borda was awarded black lung benefits on two merged claims, one filed in 1978 and the other filed in 1988. The Office of Workers' Compensation Programs ("OWCP") did not advise Consolidation Coal Company, the putative responsible coal mine operator, of the 1978 claim...

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