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
- Provided legal advice and drafting assistance for a rule requiring all parties in a black lung benefits claim to disclose medical information developed about the miner. This important rule protects coal miners' health, assists unrepresented claimants, and promotes correct benefits decisions.
- Persuaded the Fourth Circuit to uphold an OWCP regulation specifying the facts an employer must prove to rebut the Black Lung Benefits Act's presumption of total disability due to black lung disease. West Virginia CWP Fund v. Bender (U.S. Court of Appeals for the Fourth Circuit) (brief decision).
- Successfully defended OWCP's statutory interpretations in the United States Courts of Appeals:
- Overseas contractors covered by the Defense Base Act are entitled to benefits even if injured outside the workplace, provided those injuries were reasonably foreseeable. Batelle Memorial Institute v. DiCecca (U.S. Court of Appeals for the First Circuit) (brief decision);
- A Black Lung Benefits Act amendment expanding the availability of survivors' benefits applies even to survivors who were denied benefits under the earlier, less encompassing standard. Union Carbide Corp. v. Richards (U.S. Court of Appeals for the Fourth Circuit) (brief decision).
- Assisted the Solicitor General's Office in successfully defending OWCP's interpretation of the Longshore Act's maximum benefits provision before the U.S. Supreme Court. Roberts v. Sea-Land Services (brief decision)
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 Litigation and Legal Advice | Steven J. Winkelman |
Counsel for Appellate Litigation | Gary K. Stearman |
Counsel for Appellate Litigation and Enforcement | Sean G. Bajkowski |
Counsel for Longshore | Mark A. Reinhalter |
Counsel for Regulations and Legislation | Radha Vishnuvajjala |
Staff Assistant | Brenda W. Crawford |
Published Legal Briefs
Case | Brief Type | Date |
---|---|---|
Brief/Memorandum in Support of Motion |
08/30/2021 |
|
Brief/Memorandum in Support of Motion |
07/16/2021 |
|
Brief/Memorandum in Support of Motion |
05/10/2021 |
|
Brief/Memorandum in Support of Motion |
03/05/2021 |
|
K & R Contractors, LLC v. Michael D. Keene and Director, OWCP |
Brief/Memorandum in Support of Motion |
02/04/2021 |
Brief/Memorandum in Support of Motion |
12/14/2020 |
|
Brief/Memorandum in Support of Motion |
10/26/2020 |
|
Brief/Memorandum in Support of Motion |
10/26/2020 |
|
Owensby & Kritikos, LLP v. Director, OWCP and James Boudreaux |
Brief/Memorandum in Support of Motion |
06/19/2020 |
Brief/Memorandum in Support of Motion |
05/22/2020 |
|
Michael R. Robirds v. ICSTI Oregon, Inc., and Director, OWCP |
Brief/Memorandum in Support of Motion |
05/20/2020 |
Brief/Memorandum in Support of Motion |
05/20/2020 |
|
Karst Robbins Coal Co., Inc. and Bituminous Casualty Corp. v. Director, OWCP and Marlin D. Rice |
Brief/Memorandum in Support of Motion |
04/04/2020 |
Terry Eagle Limited Partnership v. Merle H. Payne and Director, OWCP |
Brief/Memorandum in Support of Motion |
03/12/2020 |
Consolidation Coal Company v. Terry L. Shipley and Director, OWCP |
Brief/Memorandum in Support of Motion |
01/09/2020 |
Brief/Memorandum in Support of Motion |
12/20/2019 |
|
Good Coal Company, Inc. v. Betty Sue Haynes, o/b/o Albert L. Haynes and Director, OWCP |
Brief/Memorandum in Support of Motion |
08/30/2019 |
Brief/Memorandum in Support of Motion |
7/23/2019 |
|
Island Creek Coal Co. v. Larry Allen Young and Director, OWCP |
Brief/Memorandum in Support of Motion |
7/19/2019 |
MMR Constructors, Inc. v. Director, OWCP and Henry T. Flores |
Brief/Memorandum in Support of Motion |
7/01/2019 |
Westmoreland Coal Co. v. Ronnie Stidham |
Brief/Memorandum in Support of Motion |
6/24/2019 |
National Mines Corporation, et. al. v. Steve Conley and Director, OWCP |
Brief/Memorandum in Support of Motion |
6/19/2019 |
David Stanley Consultants and Chartis Casualty Co. v. Director, OWCP and Thomas Peters |
Brief/Memorandum in Support of Motion |
6/03/2019 |
Expeditors & Production Service Co., Inc., v. Director, OWCP and Garrick Spain |
Brief/Memorandum in Support of Motion |
5/22/2019 |
Brief/Memorandum in Support of Motion |
5/17/2019 |
|
Brief/Memorandum in Support of Motion |
3/11/2019 |
|
International-Matex Tank Terminals v. Director, OWCP and Dwayne D. Victorian |
Brief/Memorandum in Support of Motion |
3/11/2019 |
Rebecca Dominguez v. Bethlehem Steel Corp. and Director, OWCP |
Brief for the Federal Respondent |
2/25/2019 |
Energy West Mining Company v. James E. Lyle and Director, OWCP |
Brief for the Federal Respondent |
2/11/2019 |
Charles Zumwalt v. Nat'l Steel & Shipbuilding Co. et al. and Director, OWCP |
Brief for the Federal Respondent |
2/01/2019 |
Steve M. Bussanich v. Ports America, Ports America Insurance Company and Director, OWCP |
Brief for the Federal Respondent |
1/31/2019 |
Wood Group Production Services v. Director, OWCP and Luigi Malta |
Brief for the Federal Respondent |
12/07/2018 |
Freestone Coal Co., Inc. et al. v. Director, OWCP, and Herbert W. Roberts |
Brief for the Federal Respondent |
11/05/2018 |
Brief for the Federal Respondent |
10/24/2018 |
|
Island Creek Coal Company v. Jay H. Wilkerson and Director, OWCP |
Sur-Reply for the Federal Respondent |
10/04/2018 |
Mac Coleman v. Christen Coleman Trucking and Kentucky Employers Mutual Insurance and Director, OWCP |
Brief for the Federal Respondent |
10/04/2018 |
Brief for the Federal Respondent |
8/24/2018 |
|
Brief for the Federal Respondent |
8/06/2018 |
|
Brief/Memorandum in Support of Motion |
7/31/2018 |
|
Brief for the Federal Respondent |
7/20/2018 |
|
Brief for the Federal Respondent |
6/28/2018 |
|
Brief for the Federal Respondent |
6/18/2018 |
|
Brief for the Federal Respondent |
6/08/2018 |
|
Brief for the Federal Respondent |
6/05/2018 |
|
Kenwest Terminals, LLC v. Vickie S. Salyers and Director, OWCP |
Brief for the Federal Respondent |
4/30/2018 |
Brief/Memorandum in Support of Motion |
3/09/2018 |
|
Brief for the Federal Respondent |
2/26/2018 |
|
Robert Coal Company and Old Republic Insurance Company v. Director, OWCP and Richard R. Crum |
Brief for the Federal Respondent |
2/20/2018 |
Island Creek Coal Company v. Robert E. Hill and Director, OWCP |
Brief for the Federal Respondent |
2/01/2018 |
Westmoreland Coal Company v. Director, OWCP and Vida M. Baird |
Brief for the Federal Respondent |
12/19/2017 |
Cedar Coal Company v. Pearl M. Barton, survivor of Clarence E. Barton and Director, OWCP |
Brief for the Federal Respondent |
12/15/2017 |
Brief/Memorandum in Support of Motion |
12/06/2017 |
|
brief/ memorandum in support of motion |
9/18/2017 |
|
brief for the Federal Respondent |
7/10/2017 |
|
Ports America Louisiana, Inc. v. Director, OWCP and Alexander Scott |
brief for the Federal Respondent |
5/10/2017 |
Island Fork Construction v. Jimmy Bowling and Director, OWCP |
brief for the Federal Respondent |
4/10/2017 |
brief for the Federal Respondent |
3/23/2017 |
|
brief, on petition for review |
11/21/2016 |
|
Glenn A. Stewart v. Riverside Technology, Inc. and Transportation Insurance |
brief, on petition for review |
11/07/2016 |
Frontier Kemper Constructors, Inc. v. Director, OWCP and Grat M. Smith |
brief/ memorandum in Support of Motion |
10/28/2016 |
brief/ memorandum in Support of Motion |
8/15/2016 |
|
Elkay Mining Co. v. Hazel C. Smith, widow of Edward W. Smith and Director, OWCP |
brief/ memorandum in Support of Motion |
8/05/2016 |
Appleton & Ratliff Coal Corp., et al. v. Dewey Ratliff and Director, OWCP |
brief/ memorandum in Support of Motion |
6/20/2016 |
Helen Mining Co. v. James E. Elliott, Sr. and Director, OWCP |
brief/ memorandum in Support of Motion |
6/15/2016 |
Westmoreland Coal Company v. Director, OWCP and Gerald W. Mabe |
brief/ memorandum in Support of Motion |
5/09/2016 |
brief/ memorandum in Support of Motion |
3/14/2016 |
|
Westmoreland Coal Co., Inc. v. Johnny Fortner and Director, OWCP |
brief/ memorandum in Support of Motion |
3/07/2016 |
Chugach Management Service, et al. v. Edwin Jetnil and Director, OWCP |
brief/ memorandum in Support of Motion |
2/09/2016 |
James Baker, Jr. v. Director, OWCP and Gulf Island Marine Fabricators, LLC |
brief for the Federal Respondent |
1/29/2016 |
Dixie Fuel Co. LLC, and Bituminous Casualty Corp., v. Arlis Hensley and Director, OWCP |
brief for the Federal Respondent |
12/23/2015 |
brief in support of motion |
8/07/2015 |
|
Deltide Fishing and Rental Tools, Inc. v. Director, OWCP et al. |
brief in support of motion |
5/09/2015 |
Ari Navalo v. Cochise Consultancy, Inc. and Ace American Insurance Company and Director, OWCP |
brief for the federal respondent |
3/04/2015 |
Eighty Four Mining Company v. Director, OWCP, and Charles E. Morris |
brief for the federal respondent |
2/26/2015 |
NBL Coal Company Inc and Liberty Mutual Insurance Co. v. Director, OWCP and Troy A. Moore |
brief for the federal respondent |
2/19/2015 |
West Virginia CWP Fund, as carrier for Pen Coal Corp. v. Kenneth Gregory & Director, OWCP |
brief for the federal respondent |
2/18/2015 |
Ceres Marine Terminals, Inc. v. Director, OWCP and Samuel P. Jackson |
brief for the federal respondent |
1/28/2015 |
Premium Coal Co., Inc.; Old Republic Insurance Company v. Director, OWCP and Reddin Byrge |
brief for the federal respondent |
1/28/2015 |
Blue Mountain Energy and Old Republic Insurance Company v. Terry Gunderson and Director, OWCP |
brief for the federal respondent |
1/21/2015 |
Patricia Padagomas, Widow of and On Behalf of Edward J. Padagomas v. Director, OWCP |
brief for the federal respondent |
1/14/2015 |
Eastern Associated Coal Corp. v. Arvis R. Toler and Director, OWCP |
brief for the federal respondent |
1/28/2015 |
Battelle Memorial Institute and Vigilant Insurance Company v. Sandra DiCecca and Director, OWCP |
brief for the federal respondent |
12/17/2014 |
Leeco, Inc. and James River Coal Company v. Darrell May and Director, OWCP |
brief for the federal respondent |
12/15/2014 |
Fenske v. Service Employees International, Inc., and Director, OWCP |
brief for the federal respondent |
11/13/2014 |
Brandywine Explosives and Supply v. Director, OWCP, and Kennard |
brief for the federal respondent |
11/12/2014 |
Sextet Mining Corporation v. Mary Whitfield (Widow of Needham Whitfield) and Director, OWCP |
brief for the federal respondent |
10/02/2014 |
brief for the federal respondent |
9/24/2014 |
|
brief for the federal respondent |
9/09/2014 |
|
brief for the federal respondent |
8/08/2014 |
|
brief for the federal respondent |
4/24/2014 |
|
brief for the federal respondent |
3/31/2014 |
|
brief for the federal respondent |
2/21/2014 |
|
brief for the federal respondent |
2/18/2014 |
|
West Virginia CWP Fund, as insurer for Logan Coals, Inc. v. Bender, and Director, OWCP |
brief for the federal respondent |
2/14/2014 |
brief for the federal respondent |
2/14/2014 |
|
brief for the federal respondent |
2/12/2014 |
|
brief for the federal respondent |
2/12/2014 |
|
brief for the federal respondent |
2/10/2014 |
|
brief for the respondent |
2/03/2014 |
|
brief for the federal respondent |
1/28/2014 |
|
brief for the federal respondent |
1/28/2014 |
|
West Virginia Coal Workers' Pneumoconiosis Fund v. Reed, and Director, OWCP |
brief for the federal respondent |
1/28/2014 |