EDD POTTER COAL v. DIR., OFFICE OF WORKERS' COMP.

No. 21-1623.

39 F.4th 202 (2022)

EDD POTTER COAL COMPANY, INCORPORATED; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Austine Salmons, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2022.


Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. Jeffrey Steven Goldberg , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Brad Anthony Austin , WOLFE, WILLIAMS & REYNOLDS, Norton, Virginia, for Respondents. ON BRIEF: Michael A. Pusateri , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. Seema Nanda , Solicitor of Labor, Barry H. Joyner , Associate Solicitor, Jennifer L. Feldman , Deputy Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

Petition for review denied by published opinion. Judge Wilkinson wrote the opinion, in which Judge Rushing joined. Judge Richardson wrote an opinion concurring in the judgment.


After Austine Salmons filed a benefits claim in this black lung case, an administrative law judge (ALJ) and the Benefits Review Board both determined that Edd Potter Coal Company would be responsible in the event that Salmons was entitled to benefits. Once the Board remanded the case to determine if benefits were in fact...

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