Jeffrey Hayes v. Director, OWCP

── Jeffrey Hayes v. Director, OWCP ── Case No.: 24-11260 Court: Court of Appeals for the Eleventh Circuit Date: April 07, 2026 Category: NEW USCA11 Case: 24-11260 Document: 77-1 Date Filed: 04/07/2026 Page: 1 of 14 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-11260 ____________________ JEFFREY HAYES, Petitioner, versus DIRECTOR, OWCP, UNITED STATES DEPARTMENT OF LABOR, Respondents, COWIN & COMPANY, INC., Intervenor. ____________________ Petition for Review of a Decision of the Benefits Review Board Agency No. 2023-brb-0287-BLA ____________________ Before WILLIAM PRYOR, Chief Judge, and ABUDU and TJOFLAT, Cir- cuit Judges. WILLIAM PRYOR, Chief Judge: USCA11 Case: 24-11260 Document: 77-1 Date Filed: 04/07/2026 Page: 2 of 14 2 Opinion of the Court 24-11260 This appeal requires us to interpret a regulation that defines a “year” under the Black Lung Benefits Act. Ermine Hayes worked for Cowin & Company for nearly 30 years, often in coal mines con- structing mine shafts and exposed to coal dust. Long after his em- ployment, he filed for benefits under the Act. He alleged total disa- bility from pneumoconiosis or “black lung disease” caused by his work in the coal mines. To obtain benefits, he relied on a regula- tion creating a presumption that claimants suffer from pneumoco- niosis when they have a disabling breathing impairment and were employed for fifteen years in coal mines. A separate regulation de- fines a year. The Benefits Review Board interpreted that regulation to require a claimant to prove that he was engaged in coal mine employment for a 365/366-day period and that 125 of those days were spent working. Under that interpretation, an administrative law judge denied Hayes benefits. Because the plain text of the reg- ulation requires the claimant to prove only that he worked for 125 days in coal mines during a calendar year, we vacate and remand. I. BACKGROUND Cowin & Company employed Ermine Hayes as a construc- tion worker from 1955 to 1986. Ermine intermittently worked un- derground in various mines constructing mine shafts. By the end of those shifts, he “would be covered with coal dust.” But not all his time working for Cowin & Company was spent in coal mines. In January 2015, Ermine filed a claim with the Office of Workers’ Compensation Programs against Cowin & Company for benefits under the Black Lung Benefits Act. An administrative law USCA11 Case: 24-11260 Document: 77-1 Date Filed: 04/07/2026 Page: 3 of 14 24-11260 Opinion of the Court 3 judge initially granted Ermine benefits under the Act. The judge determined that “the record support[ed] 15 years of coal mine em- ployment” and that Ermine was “totally disabled due to a respira- tory or pulmonary condition.” So he was “entitled to a rebuttable presumption that he is totally disabled due to pneumoconiosis.” To calculate how long Ermine engaged in coal mine employment, the judge applied the formula provided by a regulation, 20 C.F.R. § 725.101(a)(32)(iii), and found that Ermine identifi