Hobet Mining, Incorporated v. DOWCP
── Hobet Mining, Incorporated v. DOWCP ──
Court: Court of Appeals for the Fourth Circuit
Date: June 09, 2026
Category: General
USCA4 Appeal: 23-1506 Doc: 73 Filed: 06/09/2026 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1506
HOBET MINING, INCORPORATED; ARCH RESOURCES,
Petitioners,
v.
RUSSELL T. FRIDLEY; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF
LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board. (21-0523 BLA)
Submitted: May 29, 2026 Decided: June 9, 2026
Before WYNN, QUATTLEBAUM, and RUSHING, Circuit Judges.
Petition granted; board decision vacated and remanded by unpublished per curiam opinion.
ON BRIEF: Michael A. Pusateri, W. William Prochot, Patricia C. Karppi, GREENBERG
TRAURIG, LLP, Washington, D.C., for Petitioners. Jonathan L. Snare, Acting Solicitor
of Labor, Jennifer Feldman Jones, Acting Associate Solicitor, Olgamaris Fernandez,
Acting Deputy Associate Solicitor, Sean Bajkowski, William M. Bush, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Heath M. Long,
Matthew A. Gribler, PAWLOWSKI, BILONICK & LONG, Ebensburg, Pennsylvania, for
Respondent Russell T. Fridley.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-1506 Doc: 73 Filed: 06/09/2026 Pg: 2 of 2
PER CURIAM:
Arch Resources, Inc. (“Arch”), and Hobet Mining, Inc. (collectively, “Employer”),
petition for review of the Benefits Review Board’s (BRB) decision and order affirming the
administrative law judge’s (ALJ) award of miner’s benefits to Russell T. Fridley under the
Black Lung Benefits Act, 30 U.S.C. §§ 901-944. Employer does not challenge the ALJ’s
finding that Fridley is entitled to benefits. Instead, Employer contends that the ALJ erred
in finding that Arch was liable for payment of those benefits.
In Hobet Mining, Inc. v. Director, Office of Workers’ Compensation Programs, 156
F.4th 385 (4th Cir. 2025) (“Meredith”), we held that “nothing in the regulations concerning
black lung insurance justifie[d] imposing liability on Arch for [the miner’s] benefits.” Id.
at 399. Because the relevant factual circumstances in this case are identical to those in
Meredith, we conclude that the ALJ erred in finding Arch liable for payment of Fridley’s
benefits.
Accordingly, we grant Employer’s petition for review, vacate the BRB’s order, and
remand for entry of an order directing the Black Lung Disability Trust Fund to pay Fridley
benefits on his miner’s claim. See 26 U.S.C. § 9501(d)(1)(B). We dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process. *
PETITION GRANTED;
BOARD DECISION VACATED AND REMANDED
Because briefing has been completed in this case, we deny as unnecessary
*
Employer’s motion for summary disposition under 4th Cir. R. 27(f)(1).
2
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}