Employment — Black lung disease

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Employment — Black lung disease

The children of a deceased miner have standing to challenge a determining regarding the onset date of their father’s black lung disease.

“Under the applicable regulations, children of a claimant who make a showing that their ‘rights with respect to benefits may be prejudiced by a decision of an adjudication officer, may be made a party.’ 20 C.F.R. § 725.360(b). Frontier itself requested a modification of the ALJ’s finding of benefits for Mr. Dalton, and an order issued in response to such a request ‘may terminate, continue, reinstate, increase or decrease benefit payments or award benefits.’ 20 C.F.R. §725.310(d). Accordingly, even if Mr. Dalton had received all payments to which he was entitled, save for a 20% penalty to which his estate is still entitled (not at issue here), Frontier’s request for modification made it necessary for the Children to defend the award Mr. Dalton already had received. As of then, there was a risk that the resulting modification could result in a reversal of the existing award. See Old Ben Coal Co. v. Director, Office of Workers Comp. Programs, 292 F.3d 533, 538 n.4 (7th Cir. 2002); Youghiogheny & Ohio Oil Co. v. Webb, 49 F.3d 244, 248–49 (6th Cir. 1995) (a miner’s right to benefits does not cease upon death; the benefits must be paid to eligible surviving relatives). The Children were and are entitled to benefits as Mr. Dalton’s surviving relatives. At the time the ALJ modified the date of onset of total disability to August 1991, the Children’s petition to substitute had been granted and they were entitled to almost eight years of unpaid benefits. The Children have a concrete, financial interest in the outcome of this case, and it is fully redressable by the court. Their constitutional standing to sue is unquestionable.”

Petition granted.

13-1243 Dalton v. OWCP

On Petition for Review of the Decision and Order of the Benefits Review Board, United States Department of Labor, Wood, J.