Employer Forfeits Appointments Clause Challenge to ALJ

A federal appellate court ruled that an employer forfeited its constitutional challenge to the appointment of the administrative law judge presiding over a worker’s claim for black lung benefits. Case: Edd Potter Coal Co. Inc. v. OWC, No. 21-1623, 06/30/2022, published. Facts and procedural history: In August 2011, former coal miner Austine Salmons filed a claim under the Black Lung Benefits Act. Salmons' case first went to a Department of Labor district director, who notified Edd Potter Coal Co. Inc. that it was potentially responsible for the claim. After the district director p...