Appleton & Ratliff Coal Corp. v. Dewey Ratliff

664 F. App'x 470
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 15, 2016
Docket15-4255
StatusUnpublished
Cited by7 cases

This text of 664 F. App'x 470 (Appleton & Ratliff Coal Corp. v. Dewey Ratliff) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appleton & Ratliff Coal Corp. v. Dewey Ratliff, 664 F. App'x 470 (6th Cir. 2016).

Opinion

GRIFFIN, Circuit Judge.

An administrative law judge determined respondent Dewey Ratliff was eligible for black lung benefits and his former employer, petitioner Appleton & Ratliff Coal Corporation ■ (A&R), was responsible for payment of those benefits. The Benefits Review Board affirmed. A&R raises several issues in its petition. 1 Finding none to be meritorious, we deny the petition.

I.

A.

The Black Lung Benefits Act (Act or BLBA) provides benefits to miners who are totally disabled from their long-term exposure to coal dust resulting in legal pneumoconiosis (black lung disease). 30 U.S.C. § 901 et seq. For miners (like Ratliff) whose disability arises “at least in part” after December 31, 1969, Part C of the Act provides that mine operators are hable for benefit payments. § 932(b-e). If “there is no operator who is liable for the payment of such benefits,” the Black Lung Disability Trust Fund assumes liability. § 932(c), (i)(4); 26 U-S.C. § 9501(d)(1)(B). The backstop that is the Trust Fund is one of last resort. The BLBA, for example, requires operators to purchase insurance to cover benefits under the Act as an attachment to a workers’ compensation policy (as did A&R), or self-insure. 30 U.S.C. § 933(a); 20 C.F.R. §§ 726.1, 726.203(a). Moreover, “[t]o ensure that the fund does not bear the sole burden of black lung claims, the Department of La *472 bor ... established regulations to ensure that coal mine operators are liable ‘to the maximum extent feasible’ for awarded claims.” Ark Coals, Inc. v. Lawson, 739 F.3d 309, 313 (6th Cir. 2014) (citation omitted).

B.

We begin with this “maximum extent feasible” framework, with an eye—given A&R’s arguments—towards how the Department of Labor identifies responsible mine operators and how such operators may contest a “responsible operator” designation. Upon receipt of a claim for benefits, a district director of the Office of Workers’ Compensation Programs (OWCP) develops evidence regarding the claim. See generally, 20 C.F.R. § 725.401 et seq. For one, the director reviews the miner’s employment history, and identifies “one or more [mine] operators potentially hable for the payment of benefits.” § 725.407(a), (b). A “potentially liable operator” designation requires satisfaction of five criteria, only one of which is at issue here: “The operator is capable of assuming its liability for the payment of continuing benefits.” § 725.494(a-e); see also § 725.494(e) (defining “capable of assuming its liability”).

The district director then notifies each potential operator of the claim, who must respond within thirty days by “indicating its intent to accept or contest its identification as a potentially liable operator.” §§ 725.407(b), 725.408(a)(1). If the operator contests this status, it has ninety days to submit documentary evidence supporting its position as to why any or all of the five criteria do not apply. § 725.408(b)(1). Failing to submit such evidence within this timeframe precludes an operator from so submitting in the future. § 725.408(b)(2); Ark. Coals, 739 F.3d at 318. If the operator—as here—fails to respond to the notice of claim, it is not permitted “to contest its liability for the payment of benefits” as to any of the five criteria, including whether it is “capable of assuming its liability.” § 725.408(a)(3).

Upon evaluation of further medical evidence and responses by all potentially liable operators, the district director issues a “schedule for the submission of additional evidence.” § 725.410(a). Among other things, this schedule contains the district director’s designation of which among the potentially liable operators is the “responsible operator”—the operator responsible for paying benefits. §§ 725.495(a)(1); 725.410(a)(3). A “responsible operator” is “the potentially liable operator ... that most recently employed the miner.” § 725.495(a)(1). If that operator does not satisfy all of the five criteria, the district director designates the next most recent operator that does. § 725.495(3). If “there is no operator who is liable for the payment of such benefits,” the Trust Fund assumes liability. 30 U.S.C. § 932(c), (i)(4); 26 U.S.C. § 9501(d)(1)(B).

A responsible operator must respond “with regard to its liability” within thirty days of the issuance of the schedule for the submission of additional evidence, “specifically indicating] whether the operator agrees or disagrees with the district director’s designation.” 20 C.F.R. § 725.412(a)(1). This includes “submit[ting] evidence to demonstrate that it is not the potentially liable operator that most recently employed the claimant.” § 725.414(b)(1).

The director may then either issue another schedule identifying a different potentially liable operator as the responsible operator, or issue a proposed decision and order constituting the OWCP’s “final adjudication of a claim.” §§ 725.415(b), 725.418(a). A “proposed decision and order must reflect the district director’s final *473 designation of the responsible operator liable for the payment of benefits ... [and t]he district director must dismiss, as parties to the claim, any other potentially liable operators that received notification” of the claim. § 725.418(d). The parties may then appeal to an administrative law judge, and then to the Benefits Review Board. §§ 725.419(a), 725.481. The appeal to an ALJ - is the point of no return on the responsible operator designation. If subsequent proceedings determine the director’s designation is not supported, the matter is not remanded to find a different responsible operator and, instead, the Trust Fund pays benefits. See generally, Kentland Elkhorn Coal Corp. v. Hall, 287 F.3d 555, 566-68 (6th Cir. 2002).

Finally, the BLBA permits miners to seek modification of an order denying benefits “on the ground of a change in conditions or because of a mistake in a determination of fact” within one year. Ark. Coals, 739 F.3d at 317; see also 30 U.S.C. § 932(2) (incorporating 33 U.S.C. § 922); 20 C.F.R. § 725.310(a).

C.

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664 F. App'x 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appleton-ratliff-coal-corp-v-dewey-ratliff-ca6-2016.