Dominion Coal Corporation v. DOWCP
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
Dominion Coal Corporation petitioned for review of a Benefits Review Board decision that awarded Black Lung Benefits Act compensation to former miner Darrell Meade. The Fourth Circuit rejected Dominion’s arguments that the Board used the wrong standard of review and that the administrative law judge’s dual-layer for-cause removal protections are unconstitutional, and it affirmed the award of benefits.
Circuit Split Identified
Legal Issue
Whether courts of appeals have statutory jurisdiction to review interlocutory (non-final) orders of the Benefits Review Board once the Board issues a final order in the same case.
Circuit Positions
Courts of appeals possess jurisdiction to review all interlocutory Benefits Review Board orders after the Board enters a final order (merger doctrine).
Courts of appeals have jurisdiction over only certain interlocutory Benefits Review Board orders after a final order issues; jurisdiction is narrower than the merger doctrine adopted by other circuits.
Conflict Summary
The Fourth Circuit (and most circuits) hold that once the Benefits Review Board issues a final order, earlier interlocutory Board orders merge into the final order and are reviewable on petition for review; the Sixth Circuit has recognized jurisdiction only over some categories of interlocutory Board orders, retaining a more limited view.