RB&F COAL, INC. v. MULLINS

No. 15-1656.

842 F.3d 279 (2016)

RB&F COAL, INCORPORATED; Old Republic Insurance Company, Petitioners, v. Deloris J. MULLINS, o/b/o and Widow of Turl Mullins; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: November 18, 2016.


Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. Victoria Susannah Herman , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia; Rebecca Jayne Fiebig , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. ON BRIEF: Laura Metcoff Klaus , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. Joseph E. Wolfe , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Deloris Mullins. M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, Sean G. Bajkowski , Counsel for Appellate Litigation, Rita A. Roppolo, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director, OWCP.

Affirmed by published opinion. Judge Floyd wrote the opinion, in which Judge Wilkinson and Judge Keeley joined


RB&F Coal Inc., and Old Republic Insurance Company (collectively, "RB&F") seek relief from an order of the Department of Labor's (DOL) Benefits Review Board (BRB) holding RB&F responsible for the payment of benefits to a coal miner, Turl Mullins, and survivor's benefits to his widow, Deloris Mullins, under the Black...

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