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APOGEE COAL COMPANY, LLC; ARCH COAL, INC.,
Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, U.S. DEPARTMENT OF LABOR; DAVID M.
HOWARD,
Respondents. |
No. 23-3332 |
On Petition for Review from the Benefits Review Board.
No. 20-0229 BLA.
Decided and Filed: August 5, 2024
Before: GIBBONS, McKEAGUE, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. This petition concerns Arch Resources and Apogee
Coal Company’s challenge of Black Lung Benefits Act (BLBA) liability for a claim submitted
by David Howard. Howard mined from 1978 to 1997, and his last employer was Apogee Coal
(at that time, owned and self-insured by Arch). The parties, referred to collectively as “Arch,”
do not contest Howard’s entitlement to benefits for legal pneumoconiosis, but do dispute being
identified as the liable insurer on Howard’s claim. Petitioners ask this court to review the
Benefits Review Board’s decision affirming the Administrative Law Judge’s finding that Arch
was the liable insurer for Howard’s benefits claim under the BLBA. Arch likewise asks this
court to grant its motion to supplement the administrative record on appeal. For the reasons
stated below, we DENY the petition for review and Arch’s motion. |
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