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Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation Programs Franklin E. Patrick, 791 F.2d 1129, 4th Cir. (1986)
Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation Programs Franklin E. Patrick, 791 F.2d 1129, 4th Cir. (1986)
2d 1129
* In August 1977, Patrick filed a claim for disability benefits. Patrick alleged
that he was disabled due to pneumoconiosis. He had worked as a coal miner for
14 years between 1949 and 1971. He was an employee of Eastern from
December 1966 until May 1971, when he left Eastern to work as a mine
inspector.
The Act imposes liability on the most recent responsible operator for whom
Patrick worked as a miner for one year with at least one day of employment
occurring after December 31, 1969. An administrative law judge determined
that Patrick was disabled. Eastern does not dispute this finding. The ALJ also
ruled that Patrick was not employed as a miner while working as a mine
inspector. In addition, the ALJ held that the federal government was not a
responsible operator because there was no evidence that Patrick ever worked in
a mine operated by the government. See 30 U.S.C. Sec. 932(c) (1982).
Accordingly, the ALJ determined that Eastern was liable because it was the
most recent responsible operator to employ Patrick as a miner for one year.
Eastern appealed the ALJ's decision to the Benefits Review Board. The Board
rejected the ALJ's determination that a mine inspector is not a miner for
purposes of the Act. However, the Board agreed with the ALJ that the federal
government is not a responsible operator. Relying on Moore v. Duquesne Light
Co., 4 Black Lung Rep. 1-40.2 (1981), aff'd, 681 F.2d 805 (3d Cir.1982)
(unpublished), the Board held that the federal government was not a
responsible operator because it was immune from any claims brought by its
employees under the Act. The Board concluded that the government is only
liable to its employees for disability claims brought under the Federal
Employees Compensation Act, 5 U.S.C. Secs. 8101-8193 (1982). See 5 U.S.C.
Sec. 8116(c) (1982).1 Because the government did not qualify as a responsible
operator, the Board affirmed the ALJ's decision imposing liability on Eastern.
II
5
(2) The operator shall have been an operator of a coal mine or other facility for
any period after June 30, 1973;
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(3) The miner's employment with the operator or other employer shall have
included at least 1 working day ... after December 31, 1969; and
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(4) The operator or the employer shall be capable of assuming its liability for
the payment of continuing benefits under this part....
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Eastern's reliance on the fact that a responsible operator may be excused from
liability is also misplaced. Eastern notes that pursuant to Truitt v. North
American Coal Corp., 2 Black Lung Rep. 1-199 (1979), and 20 C.F.R. Sec.
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Contrary to Eastern's assertion, the absence of a prior operator does not mean
that no responsible operator exists.
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The government does not meet the conditions of Sec. 725.493(a)(1) or (a)(2).
Furthermore, Eastern is "the operator with which the miner had the latest
periods of cumulative employment of not less than 1 year" that also satisfies the
conditions of Sec. 725.492(a)(2)-(a)(4). Therefore, Eastern qualifies as the
responsible operator pursuant to this paragraph.
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AFFIRMED.
Patrick has also filed a claim for compensation against the federal government
pursuant to the Federal Employees Compensation Act. Any award that Patrick
receives from the government will reduce the amount of benefits that Eastern
must pay. See 30 U.S.C. Sec. 932(g) (1982)