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C & K COAL CO. v. TAYLOR

No. 98-3151.

165 F.3d 254 (1999)

C & K COAL COMPANY, Petitioner, v. Virginia TAYLOR, widow of William Taylor, Lamp Coal Company, Old Republic Insurance Company, and Director, Office of Workers' Compensation Programs, United States Department of Labor.

United States Court of Appeals, Third Circuit.

Decided January 25, 1999.

Attorney(s) appearing for the Case

Martha A. Zeigler Eberhardt, Esquire (ARGUED), John B. Bechtol, Esquire, Bechtol Lee & Eberhardt, Pittsburgh, PA, Attorney for Petitioner.

Mark S. Flynn, Esquire (ARGUED), Director, Office of Workers' Compensation Programs, Marvin Krislov, Esquire, Deputy Solicitor for National Operations, Allen H. Feldman, Esquire, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel Spiller, Esquire, Deputy Associate Solicitor, United States Department of Labor, ,Washington, D.C., Attorneys for Respondent Director, Office of Workers' Compensation Programs.

Mark E. Solomons, Esquire (ARGUED), Laura Metcoff Klaus, Esquire, Arter & Hadden, LLP, Washington, D.C., Attorneys for Respondents Lamp Coal Company and Old Republic Insurance Company.

Before: McKEE, RENDELL, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this Petition for Review is whether the successor operator of a coal mine is responsible for payment of Black Lung benefits to a long-time employee of the mine who worked for the successor for only a few months. We conclude that, under the Black Lung Benefits Act and implementing regulations, the successor operator, as opposed to the prior operator, is...

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