Itmann Coal Company v. Director, Office of Workers' Compensation Programs
Itmann Coal Company v. Director, Office of Workers’ Compensation Programs
June 17, 2026·24-1738·Per Curiam·By Aisha Johnson
The United States Court of Appeals for the Fourth Circuit denied a petition for review regarding black lung benefits. The court held that the petitioner waived all arguments by failing to raise them at the appropriate time during the administrative process.
Itmann Coal Company sought review of a Benefits Review Board order that affirmed an Administrative Law Judge’s award of black lung benefits under the Federal Coal Mine Health and Safety Act.
The court’s reasoning
The court applied the established principle that parties must raise all issues they wish to maintain on appeal at the appropriate time under agency practice. The court found that Itmann only raised arguments that were previously waived or were being raised for the first time on appeal. Consequently, the court determined that Itmann had waived appellate review on all issues presented.
It is firmly established that, before an agency, parties must raise all issues they seek to maintain on appeal at the time appropriate under its practice.
Edd Potter Coal Co. v. Dir., Off. of Workers’ Comp. Programs, 39 F.4th 202, 206 (4th Cir. 2022)
What it means going forward
The denial of the petition leaves the Administrative Law Judge’s award of black lung benefits in place, reinforcing the requirement that coal companies must preserve all legal challenges during the initial administrative hearing.
