Appellants Forfeit Constitutional Challenge to ALJ Appointments

The U.S. 6th Circuit Court of Appeals ruled that two litigants could not raise a constitutional challenge to the appointment of judges without exhausting their arguments before the Benefits Review Board. Case: Island Creek Coal Co. v. Bryan, Nos. 18-3680, 18-3909 and 18-4022, 09/11/2019, published. Facts and procedural history: The Black Lung Benefits Act provides federal funds to those who have been totally disabled by pneumoconiosis, a respiratory disease commonly caused by coal mine employment. When a miner applies for benefits, a "district director" in the Department of L...