McCoy Elkhorn Coal Corp. v. Dotson

Summary

The Sixth Circuit denied McCoy Elkhorn Coal Corporation’s petition for rehearing concerning the commencement date for survivor benefits under the Black Lung Benefits Act. The court held that 20 C.F.R. § 725.503(c) clearly provides that survivor benefits begin in the month of the miner’s death, rejecting arguments based on constitutional avoidance and due process. The court distinguished the commencement rule for miner benefits, which may begin in the month the claim is filed.

Holdings

1. Under 20 C.F.R. § 725.503(c), survivor benefits are payable beginning with the month of the miner's death, unless January 1, 1974, is later; for Vernie Dotson, the commencement date was August 1998.
2. Applying the survivor-benefit commencement rule to require benefits beginning in the month of the miner's death does not violate substantive due process merely because it imposes retroactive liability on a coal operator.
3. Neither January 1, 2005, nor January 2006, the month Vernie Dotson filed her claim, was the proper commencement date for survivor benefits.

Questions Presented

1. Whether survivor benefits under the 2010 Black Lung Amendments should commence in the month of the miner's death under 20 C.F.R. § 725.503(c).
2. Whether applying the regulation to require benefits beginning in August 1998 would impose unconstitutional retroactive liability in violation of substantive due process.
3. Whether survivor benefits should instead commence on January 1, 2005, or the month the survivor filed the claim.

Disposition

writ_denied