4th Circuit Rejects Constitutional Challenge to Authority of DOL Judges

A federal appellate court rejected an employer’s challenge to the constitutional authority of the Department of Labor administrative law judges who ordered the company to pay benefits to a coal miner under the Black Lung Benefits Act. Michael Keene worked in coal mines for more than 34 years, the last three of which he worked for K&R Contractors LLC. In February 2017, Keene filed a claim for benefits under the Black Lung Benefits Act. Around the same time, the Department of Labor’s chief administrative law judge recommended to the Secretary of Labor that he ratify the...