Black Lung Battle - Procedural Ingenuity and Substantive Conflict, The
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Authors
Johnson, Roger K.
Perkins, James K.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The United States Court of Appeals for the Eighth Circuit, in March of 1987, held that a district court could exercise subject matter jurisdiction over an application for a writ of mandamus; that writ would order the Secretary of Labor to review an administrative decision for which the statutory time limit for taking an appeal had expired. In doing so, the Eighth Circuit broadened its authority over a recalcitrant Department of Labor in an ongoing battle over the proper interpretation of the Black Lung Benefits Act (BLBA).|The court of appeals did reiterate the proper standard, at least in the Eighth Circuit, under which the Secretary of Labor is to review the claims of miners and their dependents for benefits under the BLBA. However, this aspect of the case was not treated by the Eighth Circuit as the vital issue in the appeal. The substantive rule of law establishing the standard for the Secretary of Labor's review merely was restated, with general authority cited but without analysis.|More interestingly, the Eighth Circuit analyzed at length three procedural questions, dealing with these as the primary issues in the case. First, the court determined that the district court properly could exercise jurisdiction over an application for a writ of mandamus regarding certain BLBA claims. If granted, an application for...
Description
Citation
21 Creighton L. Rev. 1101 (1987-1988)
Publisher
Creighton University School of Law