Director, Office of Workers' Compensation Programs v. Palmer Coking Coal Company Maxwell Manowski

This case arises out of a miner’s claim for compensation under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982), as amended, 30 U.S.C. § 902 et seq. (Supp. IY 1986). The Black Lung Benefits Act provides that black lung compensation claims are to be processed by the Secretary of Labor in accordance with the procedural provisions of the Longshore and Harbor Workers’ Compensation Act (“Longshore Act”). 30 U.S.C. § 932 (a). Section 19 of the Longshore Act sets forth the basic claims procedure: miners file a claim with a deputy commissioner of the Office of Workers Compensation Programs (OWCP), who notifies all interested parties, investigates the claim, and orders a hearing upon the request of any interested party. 33 U.S.C. §§ 919 (a)-(c) (1982), as amended, 33 U.S.C. §§ 919 (aHb) (Supp. IV 1986). Hearings are then held by an administrative law judge (AU), who determines whether and by whom compensation shall be paid. 33 U.S.C. § 919 (d). Review of the AU’s decision may be had before the Benefits Review Board, whose decisions are then subject to review in the court of appeals. 33 U.S.C. § 921 .

At issue in this ease is the deputy commissioner’s authority to initiate…