Hobet Mining, Incorporated v. DOWCP

Opinion

USCA4 Appeal: 23-1506 Doc: 73 Filed: 06/09/2026 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1506

HOBET MINING, INCORPORATED; ARCH RESOURCES,

Petitioners,

v.

RUSSELL T. FRIDLEY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (21-0523 BLA)

Submitted: May 29, 2026 Decided: June 9, 2026

Before WYNN, QUATTLEBAUM, and RUSHING, Circuit Judges.

Petition granted; board decision vacated and remanded by unpublished per curiam opinion.

ON BRIEF: Michael A. Pusateri, W. William Prochot, Patricia C. Karppi, GREENBERG TRAURIG, LLP, Washington, D.C., for Petitioners. Jonathan L. Snare, Acting Solicitor of Labor, Jennifer Feldman Jones, Acting Associate Solicitor, Olgamaris Fernandez, Acting Deputy Associate Solicitor, Sean Bajkowski, William M. Bush, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Heath M. Long, Matthew A. Gribler, PAWLOWSKI, BILONICK & LONG, Ebensburg, Pennsylvania, for Respondent Russell T. Fridley.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1506 Doc: 73 Filed: 06/09/2026 Pg: 2 of 2

PER CURIAM:

Arch Resources, Inc. (“Arch”), and Hobet Mining, Inc. (collectively, “Employer”),

petition for review of the Benefits Review Board’s (BRB) decision and order affirming the

administrative law judge’s (ALJ) award of miner’s benefits to Russell T. Fridley under the

Black Lung Benefits Act, 30 U.S.C. §§ 901-944. Employer does not challenge the ALJ’s

finding that Fridley is entitled to benefits. Instead, Employer contends that the ALJ erred

in finding that Arch was liable for payment of those benefits.

In Hobet Mining, Inc. v. Director, Office of Workers’ Compensation Programs, 156

F.4th 385 (4th Cir. 2025) (“Meredith”), we held that “nothing in the regulations concerning

black lung insurance justifie[d] imposing liability on Arch for [the miner’s] benefits.” Id.

at 399. Because the relevant factual circumstances in this case are identical to those in

Meredith, we conclude that the ALJ erred in finding Arch liable for payment of Fridley’s

benefits.

Accordingly, we grant Employer’s petition for review, vacate the BRB’s order, and

remand for entry of an order directing the Black Lung Disability Trust Fund to pay Fridley

benefits on his miner’s claim. See 26 U.S.C. § 9501(d)(1)(B). We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional process. *

PETITION GRANTED; BOARD DECISION VACATED AND REMANDED

Because briefing has been completed in this case, we deny as unnecessary *

Employer’s motion for summary disposition under 4th Cir. R. 27(f)(1).