The Division of Black Lung and Longshore Legal Services (BLLLS) provides legal services in connection with federal statutes that afford benefits to certain workers who are injured or die as a result of their employment, and to the survivors of those workers. These statutes, which are administered by the Office of Workers' Compensation Programs (OWCP), are:
- The Black Lung Benefits Act; and
- The Longshore and Harbor Workers' Compensation Act, as well as its extensions, including the Defense Base Act and Outer Continental Shelf Lands Act.
The Division advises OWCP on its legal obligations in administering the statutes, and aids in preparing regulations that implement the statutes. In addition, Division attorneys represent OWCP in appellate litigation before the Benefits Review Board and the U.S. Courts of Appeals. Division attorneys regularly participate in appeals to defend the agency's interests and present the agency's interpretations of the statutes and their implementing regulations.
Representative Accomplishments
- Successfully defended OWCP's interpretation that audiologists are physicians for the purpose of § 907(b) of the Longshore and Harbor Workers’ Compensation Act (U.S. Court of Appeals for the Fifth Circuit) (brief decision).
- Negotiated favorable settlement between Peabody Energy Corporation and OWCP regarding a subset of black lung claims for which Peabody was held liable for benefits.
- BLLLS attorneys actively practice oral advocacy in the United States Courts of Appeals. In 2023 and 2024, BLLLS attorneys have presented oral arguments in eight cases in the Fourth, Fifth, Sixth, Seventh, Ninth, and Tenth Circuit Courts of Appeals.
- BLLLS staff are regularly involved, and often have leadership roles, in many SOL- and DOL-wide affinity groups and professional development groups and trainings. For example, BLLLS staff have been coordinators of SOL’s Pro Bono Program, members of SOL’s Training Committee and Diversity, Equity, Inclusion, and Accessibility Committee, and have led DOL-wide events such as for Asian American, Native Hawaiian, and Pacific Islander Heritage Month.
What We Do
The Division's attorneys:
- Brief and argue appeals before the Benefits Review Board and the United States Courts of Appeals and assist the Solicitor General in cases before the Supreme Court;
- Draft and review program regulations;
- Review or assist in the drafting of proposed legislation and Congressional testimony;
- Enforce benefits awards;
- Protect the government's interests in employer bankruptcies; and
- Provide legal advice on a variety of matters, including:
- Agency policies;
- Initiatives to improve operation of the programs; and
- Agency training and guidance.
Our attorneys are not restricted to one area of work, but undertake a variety of assignments under the supervision of the Division's managers.
DOL Agencies Supported
- Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation
- Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation
Contact Information
200 Constitution Ave NW
Room N-2119
Washington, DC 20210
202-693-5660
Fax: 202-693-5687
Associate Solicitor | Barry H. Joyner |
Deputy Associate Solicitor | Jennifer Feldman Jones |
Counsel for Administrative Appeals | Andrea J. Appel |
Counsel for Regulations | Olgamaris Fernandez (Acting) Radha Vishnuvajjala (On Detail) |
Counsel for Appellate Litigation | Sean G. Bajkowski Michael P. Doyle |
Counsel for Longshore | Mark A. Reinhalter |
Staff Assistant | Brenda W. Crawford |