K & R Contractors, LLC v. Michael Keene, No. 20-2021 (4th Cir. 2023)Annotate this Case
An administrative law judge (ALJ) working for the United States Department of Labor (DOL) ordered K & R Contractors, LLC to pay living miner’s benefits to its former employee pursuant to the Black Lung Benefits Act. K & R filed a petitioner for review challenging to the constitutionality of the ALJs' appointment.
The Fourth Circuit found that both ALJs were constitutionally appointed and that, even if the dual good-cause removal protections were unconstitutional, K & R was not entitled to relief because it had not identified any harm resulting from those removal provisions.