The Fourth Circuit Court of Appeals issued a rather noteworthy decision for coal miners, operators, and the attorneys that represent them. The case involved the retroactive reach of the Black Lung Benefits Act’s revised definition of a mine operator.

Interestingly, due to the framework of the BLBA, the mining company bringing the appeal only sought to challenge their liability, rather than the damages award. Notably, under the BLBA, the injured worker would still be able to receive the awarded damages, even without a finding of liability against the specific company. BLBA is a form of federal worker’s compensation for mine workers, so the award comes from a common fund rather than the company.

The rather nuanced appeal of Frontier-Kemper sought to escape liability through a rather novel, technical approach. 

Frontier-Kemper argued that under the rules in effect in 1973 to 1974, they were not considered a mine operator. The appellate court did not find this argument convincing. It explained that the company had ample notice between 1977 and 2005, when the injured worker was reemployed, to adapt to the new law. Further, it explained that rehiring the worker in 2005 is what triggered the claim, and logically, the company had notice of the law, and of the fact that it had employed the same person previously. 

Related Resources:

  • United States Fourth Circuit Cases (FindLaw’s Cases & Codes)
  • Dylann Roof’s Public Defenders Need More Time to Brief (FindLaw’s U.S. Fourth Circuit Blog)
  • Reporter’s Wiretapping Claim Against Feds Thrown Out (FindLaw’s U.S. Fourth Circuit Blog)

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