Case Explained: ITMANN COAL COMPANY v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS UNITED STATES DEPARTMENT OF LABOR; ZED JEFFERSON THORNTON, executor of Shirley Ann Thornton’s estate

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-06-17 The Fourth Circuit denied Itmann Coal Company’s petition for review of a Benefits Review Board order affirming an Administrative Law Judge’s award of black lung benefits under 30 U.S.C. §§ 901-944. The court held that the petitioner waived all issues for appellate review because it failed to raise them before the agency at the appropriate time, citing the established rule that parties must present all arguments they wish to maintain on appeal during agency proceedings. While noting a closer call regarding a specific challenge to the reliability of a 2012 pulmonary function test, the court determined that even if not waived, no error existed in the Administrative Law Judge’s decision. Consequently, the petition was denied without oral argument, leaving the Benefits Review Board’s order affirming the award of benefits in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.