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YOUGHIOGHENY AND OHIO COAL CO. v. VAHALIK

No. 91-3953.

970 F.2d 161 (1992)

The YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner, v. Steve VAHALIK and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1992.

Attorney(s) appearing for the Case

John G. Paleudis, John R. Estadt (argued & briefed), Hanlon, Duff & Paleudis, St. Clairsville, Ohio, for petitioner.

Christian P. Barber (argued & briefed), U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Steve Vahalik.

Christian P. Barber, Michael J. Denney, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Director, Office of Workers' Compensation Programs, United States Dept. of Labor.

Before: KENNEDY and SILER, Circuit Judges, and JOINER, Senior District Judge.

KENNEDY, Circuit Judge.

Petitioner The Youghiogheny and Ohio Coal Company ("Y & O") seeks review of the decision of the Benefits Review Board ("Board") granting recovery to the Director, Office of Workers' Compensation Programs ("Director"), of additional interest owing on interim benefits paid by the government under the Black Lung Disability Trust Fund ("Trust Fund") program. For the reasons set forth below, we DISMISS this appeal, finding that neither the administrative...

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