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 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

Contact Information

200 Constitution Ave NW
Room N-2119
Washington, DC 20210

202-693-5660
Fax: 202-693-5687

Associate SolicitorBarry H. Joyner
Deputy Associate SolicitorJennifer Feldman Jones
Counsel for Administrative AppealsAndrea J. Appel
Counsel for RegulationsOlgamaris Fernandez (Acting)
Radha Vishnuvajjala (On Detail)
Counsel for Appellate LitigationSean G. Bajkowski
Michael P. Doyle
Counsel for LongshoreMark A. Reinhalter
Staff AssistantBrenda W. Crawford

 

Published Legal Briefs

CaseBrief TypeDate
Huntington Ingalls, Incorporated v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor and Clarence W. Jones, Jr.Brief for the Federal Respondent03/09/2022
Samuel Cummings v. Island Creek Coal Co. and Director, OWCPBrief/Memorandum in Support of Motion08/30/2021
Island Creek Mining v. Gary MalcombBrief/Memorandum in Support of Motion07/16/2021
 Mabel Samons v. National Mines CorporationBrief/Memorandum in Support of Motion05/10/2021
Island Creek Coal Co. v. Daniel Looney and Director, OWCPBrief/Memorandum in Support of Motion03/05/2021
K & R Contractors, LLC v. Michael D. Keene and Director, OWCPBrief/Memorandum in Support of Motion02/04/2021
Decker Coal Company v. Jerry Pehringer and Director, OWCPBrief/Memorandum in Support of Motion12/14/2020
Edd Potter Coal Co. v. Austine Salmons and Director, OWCPBrief/Memorandum in Support of Motion10/26/2020
Nancy Bailey, on behalf of Charlie Bailey v. Director, OWCPBrief/Memorandum in Support of Motion10/26/2020
H&P Coal Company; American Resources Insurance Company v. Director, OWCP; Cecil Mae MabeBrief for the Federal Respondent10/09/2020
Joseph Forrester Trucking; American Resources Insurance Company v. Director, OWCP; Arthur DavisBrief for the Federal Respondent10/09/2020
Owensby & Kritikos, LLP v. Director, OWCP and James BoudreauxBrief/Memorandum in Support of Motion06/19/2020
Jeffrey G. Carswell; Brent Hanson; Heinz H. Erikson v. E. Pihl and Sons, Topsoe-Jensen & Shroeder, LTD; Danish Construction Corp.; and Director, OWCPBrief/Memorandum in Support of Motion05/22/2020
Michael R. Robirds v. ICSTI Oregon, Inc., and Director, OWCPBrief/Memorandum in Support of Motion05/20/2020
Consol of Kentucky, Inc. v. Allen Madden and Director, OWCP Brief/Memorandum in Support of Motion05/20/2020
Karst Robbins Coal Co., Inc. and Bituminous Casualty Corp. v. Director, OWCP and Marlin D. RiceBrief/Memorandum in Support of Motion04/04/2020
Terry Eagle Limited Partnership v. Merle H. Payne and Director, OWCPBrief/Memorandum in Support of Motion03/12/2020
Consolidation Coal Company  v. Terry L. Shipley and Director, OWCPBrief/Memorandum in Support of Motion01/09/2020
Aberry Coal, Inc. et al. v. Vadis Fields and Director, OWCPBrief/Memorandum in Support of Motion12/20/2019
Good Coal Company, Inc. v. Betty Sue Haynes, o/b/o Albert L. Haynes and Director, OWCPBrief/Memorandum in Support of Motion08/30/2019
Energy West Mining Co. v. Cecil Bristow and Director, OWCPBrief/Memorandum in Support of Motion7/23/2019
Island Creek Coal Co. v. Larry Allen Young and Director, OWCPBrief/Memorandum in Support of Motion7/19/2019
MMR Constructors, Inc. v. Director, OWCP and Henry T. FloresBrief/Memorandum in Support of Motion7/01/2019
Westmoreland Coal Co. v. Ronnie StidhamBrief/Memorandum in Support of Motion6/24/2019
National Mines Corporation, et. al. v. Steve Conley and Director, OWCPBrief/Memorandum in Support of Motion6/19/2019
David Stanley Consultants and Chartis Casualty Co. v. Director, OWCP and Thomas PetersBrief/Memorandum in Support of Motion6/03/2019
Expeditors & Production Service Co., Inc., v. Director, OWCP and Garrick SpainBrief/Memorandum in Support of Motion5/22/2019
Star Fire Coals, Inc. v. Director, OWCP and Margie NapierBrief/Memorandum in Support of Motion5/17/2019
Island Creek Coal Company v. Melyndia Bryan, on behalf of and survivor of Bert Fowler Bryan and Director, OWCPBrief/Memorandum in Support of Motion3/11/2019
International-Matex Tank Terminals v. Director, OWCP and Dwayne D. VictorianBrief/Memorandum in Support of Motion3/11/2019
Rebecca Dominguez v. Bethlehem Steel Corp. and Director, OWCPBrief for the Federal Respondent2/25/2019
Energy West Mining Company v. James E. Lyle and Director, OWCPBrief for the Federal Respondent2/11/2019
Charles Zumwalt v. Nat'l Steel & Shipbuilding Co. et al. and Director, OWCPBrief for the Federal Respondent2/01/2019
Steve M. Bussanich v. Ports America, Ports America Insurance Company and Director, OWCPBrief for the Federal Respondent1/31/2019
Wood Group Production Services v. Director, OWCP and Luigi MaltaBrief for the Federal Respondent12/07/2018
Freestone Coal Co., Inc. et al. v. Director, OWCP, and Herbert W. RobertsBrief for the Federal Respondent11/05/2018
Consolidation Coal Company v. Director, OWCP and Ralph RossBrief for the Federal Respondent10/24/2018
Island Creek Coal Company v. Jay H. Wilkerson and Director, OWCPSur-Reply for the Federal Respondent10/04/2018
Mac Coleman v. Christen Coleman Trucking and Kentucky Employers Mutual Insurance and Director, OWCPBrief for the Federal Respondent10/04/2018
Rockwood Cas. Ins. Co., insurer of Hidden Splendor Res., Inc. v. Director, OWCP and Tony N. KourianosBrief for the Federal Respondent8/24/2018
West Virginia CWP Fund, as carrier for, Mountain Laurel Resources Company v. Donald Bell, Sr. and Director, OWCPBrief for the Federal Respondent8/06/2018
Dominguez v. Bethlehem Steel Corp. and Director, OWCPBrief/Memorandum in Support of Motion7/31/2018
Big Horn Coal Company v. Sylvia Sadler, widow of and on behalf of Edgar Ross Sadler, and Director, OWCPBrief for the Federal Respondent7/20/2018
Conesville Coal Preparation and East Coast Risk Management v. Robert W. Porth and Director, Office of Workers' Compensation Programs, United States of LaborBrief for the Federal Respondent6/28/2018
BrickStreet Mutual Insurance Company v. Mark A. VanDyke, Paramount Coal Company, LLC, and Director, OWCPBrief for the Federal Respondent6/18/2018
U.S. Steel Mining Co. v. Director, OWCP and Cassandra TerryBrief for the Federal Respondent6/08/2018
Imogene Shepherd v. Incoal, Inc. and Director, OWCPBrief for the Federal Respondent6/05/2018
Kenwest Terminals, LLC v. Vickie S. Salyers and Director, OWCPBrief for the Federal Respondent4/30/2018
Island Creek Coal Company v. Linda Hunt and Director, OWCPBrief/Memorandum in Support of Motion3/09/2018
Oak Grove Resources, LLC and National Union Fire Resources/AIG v. Director, OWCP and Carrie K. FergusonBrief for the Federal Respondent2/26/2018
Robert Coal Company and Old Republic Insurance Company v. Director, OWCP and Richard R. CrumBrief for the Federal Respondent2/20/2018
Island Creek Coal Company v. Robert E. Hill and Director, OWCPBrief for the Federal Respondent2/01/2018
Westmoreland Coal Company v. Director, OWCP and Vida M. BairdBrief for the Federal Respondent12/19/2017
Cedar Coal Company v. Pearl M. Barton, survivor of Clarence E. Barton and Director, OWCPBrief for the Federal Respondent12/15/2017
Zurich American Insurance Group (Insurer of Straight Creek Coal Resources) v. Joanna Duncan and Director, OWCPBrief/Memorandum in Support of Motion12/06/2017
Spring Creek Coal Company v. McClean and Director, OWCPbrief/ memorandum in support of motion9/18/2017
Andalex Resources, Inc. v. Director, OWCP and Eddie Smithbrief for the Federal Respondent7/10/2017
Ports America Louisiana, Inc. v. Director, OWCP and Alexander Scottbrief for the Federal Respondent5/10/2017
Island Fork Construction v. Jimmy Bowling and Director, OWCPbrief for the Federal Respondent4/10/2017
Zurich American Insurance Group (Insurer for Cannelton Industries, Inc.) v. Director, OWCP and Sylvester J. Lintonbrief for the Federal Respondent3/23/2017
Consolidation Coal Company v. Theodore M. Latusek, JRbrief, on petition for review11/21/2016
Glenn A. Stewart v. Riverside Technology, Inc. and Transportation Insurancebrief, on petition for review11/07/2016
Frontier Kemper Constructors, Inc. v. Director, OWCP and Grat M. Smithbrief/ memorandum in Support of Motion10/28/2016
Jones Stevedoring Co. v. Popovich & Director, OWCPbrief/ memorandum in Support of Motion8/15/2016
Elkay Mining Co. v. Hazel C. Smith, widow of Edward W. Smith and Director, OWCPbrief/ memorandum in Support of Motion8/05/2016
Appleton & Ratliff Coal Corp., et al. v. Dewey Ratliff and Director, OWCPbrief/ memorandum in Support of Motion6/20/2016
Helen Mining Co. v. James E. Elliott, Sr. and Director, OWCPbrief/ memorandum in Support of Motion6/15/2016
Westmoreland Coal Company v. Director, OWCP and Gerald W. Mabebrief/ memorandum in Support of Motion5/09/2016
Metro Machine Corp. v. John Stephenson and Director, OWCPbrief/ memorandum in Support of Motion3/14/2016
Westmoreland Coal Co., Inc. v. Johnny Fortner and Director, OWCPbrief/ memorandum in Support of Motion3/07/2016
Chugach Management Service, et al. v. Edwin Jetnil and Director, OWCPbrief/ memorandum in Support of Motion2/09/2016
James Baker, Jr. v. Director, OWCP and Gulf Island Marine Fabricators, LLCbrief for the Federal Respondent1/29/2016
Dixie Fuel Co. LLC, and Bituminous Casualty Corp., v. Arlis Hensley and Director, OWCPbrief for the Federal Respondent12/23/2015
McElroy Coal Corp. v. Roger D. Kennedy and Director, OWCPbrief in support of motion8/07/2015
Deltide Fishing and Rental Tools, Inc. v. Director, OWCP et al.brief in support of motion5/09/2015
Ari Navalo v. Cochise Consultancy, Inc. and Ace American Insurance Company and Director, OWCPbrief for the federal respondent3/04/2015
Eighty Four Mining Company v. Director, OWCP, and Charles E. Morrisbrief for the federal respondent2/26/2015
NBL Coal Company Inc and Liberty Mutual Insurance Co. v. Director, OWCP and Troy A. Moorebrief for the federal respondent2/19/2015
West Virginia CWP Fund, as carrier for Pen Coal Corp. v. Kenneth Gregory & Director, OWCPbrief for the federal respondent2/18/2015
Ceres Marine Terminals, Inc. v. Director, OWCP and Samuel P. Jacksonbrief for the federal respondent1/28/2015
Premium Coal Co., Inc.; Old Republic Insurance Company v. Director, OWCP and Reddin Byrgebrief for the federal respondent1/28/2015
Blue Mountain Energy and Old Republic Insurance Company v. Terry Gunderson and Director, OWCPbrief for the federal respondent1/21/2015
Patricia Padagomas, Widow of and On Behalf of Edward J. Padagomas v. Director, OWCPbrief for the federal respondent1/14/2015
Eastern Associated Coal Corp. v. Arvis R. Toler and Director, OWCPbrief for the federal respondent1/28/2015
Battelle Memorial Institute and Vigilant Insurance Company v. Sandra DiCecca and Director, OWCPbrief for the federal respondent12/17/2014
Leeco, Inc. and James River Coal Company v. Darrell May and Director, OWCPbrief for the federal respondent12/15/2014
Fenske v. Service Employees International, Inc., and Director, OWCPbrief for the federal respondent11/13/2014
Brandywine Explosives and Supply v. Director, OWCP, and Kennardbrief for the federal respondent11/12/2014
Sextet Mining Corporation v. Mary Whitfield (Widow of Needham Whitfield) and Director, OWCPbrief for the federal respondent10/02/2014
Quarto Mining Company v. Marcum, and Director, OWCPbrief for the federal respondent9/24/2014
Sewell Coal Company v. Dempsey and Director, OWCPbrief for the federal respondent9/09/2014
Carpentertown Coal and Coke Company, and Birmingham Fire Insurance Company v. Director, OWCP, and Jenkinsbrief for the federal respondent8/08/2014
Drummond Company, Inc. v. Director, OWCP, and Gardnerbrief for the federal respondent4/24/2014
Consolidation Coal Company v. Williams, and Director, OWCPbrief for the federal respondent3/31/2014
Central Ohio Coal Company v. Director, OWCP, and Sterlingbrief for the federal respondent2/21/2014
Island Creek Coal Company v. Dykes, and Director, OWCPbrief for the federal respondent2/18/2014
West Virginia CWP Fund, as insurer for Logan Coals, Inc. v. Bender, and Director, OWCPbrief for the federal respondent2/14/2014
West Virginia CPW Fund v. Gump, and Director, OWCPbrief for the federal respondent2/14/2014
West Virginia CPW Fund v. Adkins, and Director, OWCPbrief for the federal respondent2/12/2014
Consolidation Coal Company v. Lake, and Director, OWCPbrief for the federal respondent2/12/2014
Island Creek Coal Company v. Hargett, and Director, OWCPbrief for the federal respondent2/10/2014
Eastern Associated Coal Company v. Director, OWCP, and Vestbrief for the respondent2/03/2014
Consol of Kentucky, Inc. v. Atwell, and Director, OWCPbrief for the federal respondent1/28/2014
Laurel Run Mining Company v. Maynard, and Director, OWCPbrief for the federal respondent1/28/2014
West Virginia Coal Workers' Pneumoconiosis Fund v. Reed, and Director, OWCPbrief for the federal respondent1/28/2014