Division of Black Lung and Longshore Legal Services

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

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

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 Appeals	Andrea J. Appel
Counsel for Regulations	Olgamaris Fernandez (Acting) Radha Vishnuvajjala (On Detail)
Counsel for Appellate Litigation	Sean G. Bajkowski Michael P. Doyle
Counsel for Longshore	Mark A. Reinhalter
Staff Assistant	Brenda W. Crawford

Published Legal Briefs

Case	Brief Type	Date
Huntington Ingalls, Incorporated v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor and Clarence W. Jones, Jr.	Brief for the Federal Respondent	03/09/2022
Samuel Cummings v. Island Creek Coal Co. and Director, OWCP	Brief/Memorandum in Support of Motion	08/30/2021
Island Creek Mining v. Gary Malcomb	Brief/Memorandum in Support of Motion	07/16/2021
Mabel Samons v. National Mines Corporation	Brief/Memorandum in Support of Motion	05/10/2021
Island Creek Coal Co. v. Daniel Looney and Director, OWCP	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
Decker Coal Company v. Jerry Pehringer and Director, OWCP	Brief/Memorandum in Support of Motion	12/14/2020
Edd Potter Coal Co. v. Austine Salmons and Director, OWCP	Brief/Memorandum in Support of Motion	10/26/2020
Nancy Bailey, on behalf of Charlie Bailey v. Director, OWCP	Brief/Memorandum in Support of Motion	10/26/2020
H&P Coal Company; American Resources Insurance Company v. Director, OWCP; Cecil Mae Mabe	Brief for the Federal Respondent	10/09/2020
Joseph Forrester Trucking; American Resources Insurance Company v. Director, OWCP; Arthur Davis	Brief for the Federal Respondent	10/09/2020
Owensby & Kritikos, LLP v. Director, OWCP and James Boudreaux	Brief/Memorandum in Support of Motion	06/19/2020
Jeffrey G. Carswell; Brent Hanson; Heinz H. Erikson v. E. Pihl and Sons, Topsoe-Jensen & Shroeder, LTD; Danish Construction Corp.; and Director, OWCP	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
Consol of Kentucky, Inc. v. Allen Madden and Director, OWCP	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
Aberry Coal, Inc. et al. v. Vadis Fields and Director, OWCP	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
Energy West Mining Co. v. Cecil Bristow and Director, OWCP	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
Star Fire Coals, Inc. v. Director, OWCP and Margie Napier	Brief/Memorandum in Support of Motion	5/17/2019
Island Creek Coal Company v. Melyndia Bryan, on behalf of and survivor of Bert Fowler Bryan and Director, OWCP	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
Consolidation Coal Company v. Director, OWCP and Ralph Ross	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
Rockwood Cas. Ins. Co., insurer of Hidden Splendor Res., Inc. v. Director, OWCP and Tony N. Kourianos	Brief for the Federal Respondent	8/24/2018
West Virginia CWP Fund, as carrier for, Mountain Laurel Resources Company v. Donald Bell, Sr. and Director, OWCP	Brief for the Federal Respondent	8/06/2018
Dominguez v. Bethlehem Steel Corp. and Director, OWCP	Brief/Memorandum in Support of Motion	7/31/2018
Big Horn Coal Company v. Sylvia Sadler, widow of and on behalf of Edgar Ross Sadler, and Director, OWCP	Brief for the Federal Respondent	7/20/2018
Conesville Coal Preparation and East Coast Risk Management v. Robert W. Porth and Director, Office of Workers' Compensation Programs, United States of Labor	Brief for the Federal Respondent	6/28/2018
BrickStreet Mutual Insurance Company v. Mark A. VanDyke, Paramount Coal Company, LLC, and Director, OWCP	Brief for the Federal Respondent	6/18/2018
U.S. Steel Mining Co. v. Director, OWCP and Cassandra Terry	Brief for the Federal Respondent	6/08/2018
Imogene Shepherd v. Incoal, Inc. and Director, OWCP	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
Island Creek Coal Company v. Linda Hunt and Director, OWCP	Brief/Memorandum in Support of Motion	3/09/2018
Oak Grove Resources, LLC and National Union Fire Resources/AIG v. Director, OWCP and Carrie K. Ferguson	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
Zurich American Insurance Group (Insurer of Straight Creek Coal Resources) v. Joanna Duncan and Director, OWCP	Brief/Memorandum in Support of Motion	12/06/2017
Spring Creek Coal Company v. McClean and Director, OWCP	brief/ memorandum in support of motion	9/18/2017
Andalex Resources, Inc. v. Director, OWCP and Eddie Smith	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
Zurich American Insurance Group (Insurer for Cannelton Industries, Inc.) v. Director, OWCP and Sylvester J. Linton	brief for the Federal Respondent	3/23/2017
Consolidation Coal Company v. Theodore M. Latusek, JR	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
Jones Stevedoring Co. v. Popovich & Director, OWCP	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
Metro Machine Corp. v. John Stephenson and Director, OWCP	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
McElroy Coal Corp. v. Roger D. Kennedy and Director, OWCP	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
Quarto Mining Company v. Marcum, and Director, OWCP	brief for the federal respondent	9/24/2014
Sewell Coal Company v. Dempsey and Director, OWCP	brief for the federal respondent	9/09/2014
Carpentertown Coal and Coke Company, and Birmingham Fire Insurance Company v. Director, OWCP, and Jenkins	brief for the federal respondent	8/08/2014
Drummond Company, Inc. v. Director, OWCP, and Gardner	brief for the federal respondent	4/24/2014
Consolidation Coal Company v. Williams, and Director, OWCP	brief for the federal respondent	3/31/2014
Central Ohio Coal Company v. Director, OWCP, and Sterling	brief for the federal respondent	2/21/2014
Island Creek Coal Company v. Dykes, and Director, OWCP	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
West Virginia CPW Fund v. Gump, and Director, OWCP	brief for the federal respondent	2/14/2014
West Virginia CPW Fund v. Adkins, and Director, OWCP	brief for the federal respondent	2/12/2014
Consolidation Coal Company v. Lake, and Director, OWCP	brief for the federal respondent	2/12/2014
Island Creek Coal Company v. Hargett, and Director, OWCP	brief for the federal respondent	2/10/2014
Eastern Associated Coal Company v. Director, OWCP, and Vest	brief for the respondent	2/03/2014
Consol of Kentucky, Inc. v. Atwell, and Director, OWCP	brief for the federal respondent	1/28/2014
Laurel Run Mining Company v. Maynard, and Director, OWCP	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