[Download] "Venicassa v. Consolidation Coal Co." by Third Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Venicassa v. Consolidation Coal Co.
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 27, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
On Petition for Review of an Order of the Benefits Review Board, United States Department of Labor BRB No. 95-1760 OPINION OF THE COURT Armando Venicassa has filed a Petition for Review from the decision of the Benefits Review Board (""Board""), affirming the denial by the Administrative Law Judge (""ALJ"") of Venicassa's claim for black lung benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et. seq. (the ""Act""). In an earlier hearing, the ALJ had dismissed United States Steel Corporation, the responsible coal mine operator, designated by the Office of Worker's Compensation Programs (""OWCP""), and had awarded benefits to Venicassa, to be paid by the Black Lung Disability Trust Fund (""Trust Fund""). The Director of the OWCP appealed this decision to the Board. The Board then remanded Venicassa's claim to the OWCP to permit the OWCP to identify a second responsible operator to pay benefits. We must decide whether, after the award on the merits to Venicassa, the Board could vacate that award so that the ALJ might designate a second responsible operator and begin the process all over again. For the reasons we discuss below, we conclude that the Board erred when it remanded this case for designation of a second responsible operator. We will, therefore, grant the petition for review, vacate the decision of the Board, and remand this case to the Board to reinstate the ALJ's ruling, granting Venicassa's claim for benefits and ordering the Trust Fund to pay them.1