Crowe v. Ziegler Coal Co.

In proceeding to modify initial award of Black Lung Disease benefits, Bd. erred in affirming ALJ's decision to grant said petition and deny said benefits where, prior to ALJ decision, respondent-employer had been liquidated in bankruptcy proceeding, and where entity that had issued surety bond covering claimant's claim had not yet sought leave to intervene in instant proceedings. Instant modification proceeding should have been dismissed where: (1) prior to ALJ decision, employer had ceased to be real party in interest to serve as proponent of said modification petition; and (2) intervention request by employer's surety, which was granted by Bd. more than three years after employer had been liquidated, was untimely. (Dissent filed.)