Question Presented (from Petition)
Does requiring a wrongly-named Responsible
Operator to issue benefits to a Claimant with normal
pulmonary function and normal arterial blood gas
testing under the Black Lung Benefits Act violate the
Administrative Procedure Act when such result stems
from amended agency regulations that (1) provide
different time limits to submit evidence for opposing
parties, (2) shift burdens of proof, and (3) create
heightened rebuttal burdens that cannot be met, or is
the Black Lung Benefits Act exempt from
Administrative Procedure Act governance as claimed
by the Secretary of Labor?
Question Presented (AI Summary)
Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testing under the Black Lung Benefits Act violate the Administrative Procedure Act
2020-03-30
Motion of respondent Tony Kourianos for attorney's fees and expenses GRANTED. The Court approves the attorney’s fees of $22,106.25, and expenses of $1,531.53.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-02-20
Motion for attorney's fees and expenses filed by counsel for respondent Tony Kourianos.
2019-10-23
DISTRIBUTED for Conference of 11/8/2019.
2019-10-11
Reply of petitioner Rockwood Casualty Insurance Company, Insurer of Hidden Splendor Resources, Inc. filed.
2019-10-03
Brief of respondents Director, Office of Workers’ Compensation Programs, et al. in opposition filed.
2019-10-03
Brief of respondent Tony Kourianos in opposition filed.
2019-08-28
Motion to extend the time to file a response is granted and the time is further extended to and including October 3, 2019, for all respondents.
2019-08-27
Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
2019-08-05
Request to join extension of time request received.
2019-07-25
Motion to extend the time to file a response is granted and the time is extended to and including September 3, 2019, for all respondents.
2019-07-24
Motion to extend the time to file a response from August 1, 2019 to September 3, 2019, submitted to The Clerk.
2019-06-28
Petition for a writ of certiorari filed. (Response due August 1, 2019)