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PEABODY COAL CO. v. DIRECTOR, OWCP

No. 12-3568.

718 F.3d 590 (2013)

PEABODY COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Virgil Brigance, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons , Greenberg Traurig LLP, Washington, D.C., for Petitioner. Elizabeth Ashley Bruce , Bruce Law Firm, Greenville, Kentucky, for Respondent Brigance. ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , Greenberg Traurig LLP, Washington, D.C., for Petitioner. Elizabeth Ashley Bruce , Bruce Law Firm, Greenville, Kentucky, for Respondent Brigance.

Before: GRIFFIN and KETHLEDGE, Circuit Judges; ZATKOFF, District Judge.

OPINION

GRIFFIN, Circuit Judge.

Respondent Virgil Brigance admitted that he waited seven years after a medical determination of total disability due to pneumoconiosis was communicated to him to file a claim under the federal Black Lung Benefits Act ("BLBA"). Nonetheless, the Administrative Law Judge ("ALJ") held that Brigance's claim was not barred by the BLBA's three-year statute of limitations, 30 U.S.C. §...

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