Opinion · Court of Appeals for the Fourth Circuit

Clinchfield Coal Company v. Sidney Cox, Widow of Claude Cox Director, Office of Workers' Compensation Programs

611 F.2d 47

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1979-12-06
Topic
general

How later courts describe this case

  • holding that the employer must pay prejudgment interest on black lung benefits

Citator

UpLaw has not yet analyzed Clinchfield Coal Company v. Sidney Cox, Widow of Claude Cox Director, Office of Workers' Compensation Programs. The absence of a flag is not a finding that it is good law.

Cited by
8 opinions
CLINCHFIELD COAL CO. v. COX,611 F.2d 47(4th Cir. 1979)
CLINCHFIELD COAL COMPANY, PETITIONER v. SIDNEY COX, WIDOW OF CLAUDE COX;
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, RESPONDENTS.
No. 77-2207.
United States Court of Appeals, Fourth Circuit.
Argued August 23, 1979.
Decided December 6, 1979.
Page 48
Elizabeth S. Woodruff, Abingdon, Va. (J. Thomas Fowlkes, Penn, Stuart, Eskridge Jones, Abingdon, Va., on brief), for petitioner.

S. Strother Smith, III, Abingdon, Va. (Smith, Robinson Vinyard, Abingdon, Va., on brief), for respondent Cox.

Lee D. Richardson, U.S. Dept. of Labor, Washington, D.C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D.C., on brief), for respondent Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.
Petition for review of order from Benefits Review Board.
Before BUTZNER, HALL and PHILLIPS, Circuit Judges.
PER CURIAM:
[1] Employer Clinchfield Coal Company appeals from an order of the Benefits Review Board awarding black lung benefits, attorney's fees and interest to Sidney Cox, claimant widow of the deceased coal miner Claude Cox. The primary issue is whether a successful black lung claimant is entitled to interest on his award for any time preceding the decision awarding benefits. The Board ordered interest to be paid on monthly benefits from the dates each accrued before the date of its decision. We agree and affirm.

[2] On April 3, 1974, claimant applied for widows' benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969,83 Stat. 742, as amended,30 U.S.C. § 901et seq.[the Black Lung Act]. Over two years later, a hearing officer found that Claude Cox had been totally disabled due to pneumoconiosis at the time of his death. Clinchfield was ordered to pay benefits, together with six percent interest on each monthly installment, from April 1, 1974.1The Board affirmed the award. 6 BRBS 593, BRB No. 76-315 BLA (August 31, 1977).

[3] Clinchfield contends that the award of interest from April 1, 1974, rather than from the date of the award, amounts to a penalty on its right to contest a claim. We disagree, and believe that the interest award is properly viewed as part of the total compensation to which claimant is entitled.

[4] The Black Lung Act incorporates by reference the claim adjudication and payment and payment provisions of the Longshoremen's and Harbor Worker's Compensation Act,44 Stat. 1424, as amended33 U.S.C. § 901et seq.2Since neither statute addresses the question at issue here, we must look to the general purpose of the statutes,Page 49and the relative obligations and equities of the parties.SeeRodgers v. United States,332 U.S. 371,68 S.Ct. 5,92 L.Ed. 3(1947).

[5] The longstanding practice of adding interest to past-due compensation payments under the Longshoremen's Act3was approved inStrachan Shipping Company v. Wedemeyer,452 F.2d 1225(5th Cir. 1972)cert. den.406 U.S. 958,92 S.Ct. 2060,32 L.Ed.2d 344(1972), and by this court inNewport NewsShipbuilding and Dry Dock Company v. Graham,573 F.2d 167,171(4th Cir. 1978). TheStrachan Shippingcourt found that compensation is not complete in contested cases unless the award includes interest on each payment, from the date on which the payment would have been made had the claim not been controverted. Since the purpose of the Act is to provide prompt and complete payment to injured employees, the court held that an interest award is proper despite the absence of express statutory authorization.

[6] This reasoning applies with equal force in black lung cases, where pre-decision delays are common. Here, claimant waited over two years for benefits, and the employer had use of the money throughout this period. We believe that the broad remedial purpose of the Black Lung Act would be frustrated if the employer were not required to pay interest.

[7] We find no merit in Clinchfield's other contentions. The Board's conclusion that decedent was totally disabled due to pneumoconiosis at the time of his death is supported by substantial evidence. And the assessment of attorney's fees against the employer is expressly authorized by Section 28 of the Longshoremen's Act,33 U.S.C. § 928, which is incorporated in the Black Lung Act,30 U.S.C. § 932.See Director, Office ofWorkers' Compensation Programs v. National Mines Corp.,554 F.2d 1267(4th Cir. 1977).

[8] AFFIRMED.
  1. Although Clinchfield characterizes the interest award as payable from the date the claim was filed, we think the rule applied by the hearing officer and Benefits Review Board, which we now approve, is that interest is computed from the dates monthly benefits became payable. ↩
  2. See30 U.S.C. § 932. ↩
  3. See Ryan v. McKie Co.,1 BRBS 221, BRB Nos. 74-160, -160A (Dec. 10, 1974);Hadel v. ITO Corp.,6 BRBS 519, BRB No. 76-450 (August 22, 1977). ↩