September 11, 2019 / 11:49 PM / 6 days ago

IN BRIEF: Post-Lucia challenges to DOL appointment of ALJs were untimely – 6th Circuit

The 6th U.S. Circuit Court of Appeals on Wednesday rejected two challenges to the U.S. Labor Department’s appointment of administrative law judges, finding the petitioners had waited too long to raise the issue.

The cases began as claims for black-lung disability benefits against Island Creek Coal Company, an Occidental Petroleum subsidiary. Bert Bryan was awarded benefits; Dorris Cunningham was not. Island Creek and Cunningham appealed the ALJs’ rulings to the Labor Department’s Benefits Review Board (BRB), which affirmed on June 15 and June 27, 2018.

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