Apr 28 2026
6th Cir. 23-3537 Published

Apogee Coal Company, LLC v. Director, Office of Workers' Compensation Programs

The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.

Apr 28 2026
6th Cir. 23-3541 Published

Apogee Coal Co. v. Director, OWCP

The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung benefits under the self-insurance provisions of the Black Lung Benefits Act. The court holds that because the petitioners concede their arguments are identical to those previously rejected in Apogee Coal Co. v. Director, OWCP, the prior published decision binds this panel.

Apr 28 2026
6th Cir. 23-3541 Published

Apogee Coal Company, LLC v. Director, Office of Workers' Compensation Programs

The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.

Apr 28 2026
6th Cir. 23-3537 Published

Apogee Coal Co. v. Director, OWCP

The Sixth Circuit denied petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court held that the parties' arguments were identical to those rejected in a prior published decision, which binds the panel and precludes relief.

Apr 28 2026
6th Cir. 23-3612 Published

Apogee Coal Company, LLC v. Director, Office of Workers' Compensation Programs

The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.

Apr 28 2026
6th Cir. 23-3536 Published

Apogee Coal Co. v. Director, OWCP

The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act despite selling its subsidiary in 2005. The court holds that its prior decision in *Apogee Coal Co. v. Director, OWCP (Howard)* binds the outcome, rejecting identical arguments regarding successor liability.

Apr 28 2026
6th Cir. 23-3644 Published

Apogee Coal Company, LLC v. Director, Office of Workers' Compensation Programs

The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.

Apr 28 2026
6th Cir. 23-3437 Published

Apogee Coal Co. v. Director, OWCP

The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for Black Lung Benefits Act claims against its former subsidiary, Apogee. The court relies on binding precedent to reject the argument that selling the subsidiary in 2005 terminated Arch's self-insured liability for pre-2005 claims.

Apr 28 2026
6th Cir. 23-3645 Published

Apogee Coal Company, LLC v. Director, Office of Workers' Compensation Programs

The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.

Apr 28 2026
6th Cir. 23-3297 Published

Apogee Coal Co. v. Director, OWCP

The Sixth Circuit denied petitions for review seeking to overturn a Benefits Review Board order holding Arch Resources liable for Black Lung Benefits Act claims. The court ruled that the petitioners' arguments were identical to those rejected in a binding 2024 precedent, leaving the Board's decision affirming Arch's financial responsibility in place.