28 F. 3d 1213 - General Electric Company v. E Trent

Petitioner seeks review of a decision of the Benefits Review Board finding it liable for black lung benefits as a responsible operator under the Black Lung Benefits Act, 30 U.S.C. Secs. 901-945. The Director now concedes that the evidence in the record is insufficient to support the administrative law judge's decision holding petitioner liable for the payment of the benefits to respondent Trent. The Director moves the court to vacate those portions of the decisions of the administrative law judge and the Benefits Review Board holding petitioner liable for the black lung benefits, and to remand this case to the district director for the payment of benefits from the Black Lung Disability Trust Fund. Petitioner and respondent Trent do not object to the motion to vacate and remand. Upon review, we conclude that the motion of the Director should be granted.

It therefore is ORDERED that the Director's motion is granted. The portion of Administrative Law Judge Forbes' March 19, 1990, decision holding petitioner liable for federal black lung benefits payment and the Benefits Review Board's decision affirming that liability decision are VACATED. This action is REMANDED to the district director, Division of Coal Mine Workers' Compensation, Office of Workers' Compensation Programs, for the payment of benefits from the Black Lung Disability Trust Fund.