Joseph Forrester Trucking v. Director, Office of Workers' Compensation Programs, No. 20-3329 (6th Cir. 2021)
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The Sixth Circuit denied the consolidated petition for review brought by three coal mine operators challenging the Benefits Review Board's adverse black lung benefits determination. Honoring the Board's customary requirement that issues be raised first with the ALJ, the court held that the operators failed to preserve their Appointments Clause challenge.
In this case, the court's review of the Department of Labor's regulations reveals a regulatory exhaustion requirement applicable to ALJ proceedings. The court explained that black lung benefits adjudication regulations require that litigants raise issues before the ALJ as a prerequisite to review by the Benefits Review Board. Moreover, the Board's longstanding practice of treating issues not raised below as forfeited confirms this conclusion. The court also concluded that by failing to comply with the Board's timeliness requirements, the operators failed to preserve their Appointments Clause challenges. Furthermore, the operators failed to identify an applicable exception that would excuse failure. Finally, the panel noted that, while it did not see evidence that the operators acted with a nefarious motive, the court is nonetheless mindful not to invite "sandbagging" or "judge-shopping" in future black lung proceedings.
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