Wellmore Coal Corp. v. Stiltner

81 F.3d 489 (4th Cir. 1996); No. 95-1727 (4th Cir. Apr. 18, 1996). ; Clearinghouse Number: 51183

Description

Deputy Commissioner Erred in Holding Conference on Black Lung Benefits Eligibility in Parties’ Absence

Abstract

The Fourth Circuit has held that the deputy commissioner erred in denying black lung benefits to claimant after an informal conference which neither claimant’s lawyer nor the employer’s lawyer attended. Claimant requested a formal hearing before an administrative law judge after his claim, following 32 years’ work as a coal miner, was denied by a deputy commissioner. After reviewing additional evidence, the deputy commissioner instructed the parties to appear at an informal conference. Claimant’s lawyer, stating that such conferences are "entirely unfruitful," refused to attend, and employer’s lawyer was unable to attend due to a scheduling conflict. Nevertheless, the deputy commissioner held the conference in the parties’ absence and recommended that the denial of benefits be affirmed. Claimant’s lawyer did not respond to the memorandum of conference, and the Department of Labor closed the claim. The court of appeals rejected claimant’s argument that the deputy commissioner lost his authority to hold an informal conference once claimant’s lawyer clearly expressed that he did not want to resolve issues in that forum. The court found that informal conferences serve several useful purposes, all of which would be undermined if a party could refuse to participate. However, the court held that the deputy commissioner lacked discretion to hold the conference in the parties’ absence. Because the deputy commissioner erred by issuing a memorandum of conference, the court held that claimant’s failure to respond could be excused and that claimant was entitled to benefits.

Additional Information

Docket Date
1970-01-01 06:00:00+00:00

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