[DOCID: f:k96-305c.wais] JOHN CHANEY TRUCKING CO., INC. October 21, 1996 KENT 96-305-C FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, Suite 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 October 21, 1996 KERMIT CAMPBELL, : COMPENSATION PROCEEDING Applicant : : v. : Docket No. KENT 96-305-C : JOHN CHANEY TRUCKING CO., INC. : Mine ID 15-13936 R10 and/or WATTS AND CHANEY : Star Fire Mine TRUCKING, INC. : Respondent : ORDER OF DISMISSAL Before: Judge Melick On July 18, 1996, the Applicant, Kermit Campbell, filed an application for compensation under Section 111 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et. seq., the "Act", based upon alleged idlement because "Federal Mine Inspector Frank Mayhew inspected and put my truck out of service". It was not alleged that a withdrawal order caused the idlement. Section 111 of the Act authorizes entitlement to compensation only following the issuance of a withdrawal order under the Act. Accordingly the Applicant was ordered to show cause why his case should not be dismissed. In response to the show cause order the Applicant submitted a copy of the "Section 104(a)" citation which he maintains was the basis for this application for compensation. Applicant further stated that the inspector "neglected to write a withdrawal order on the citation." Under the circumstances, since the alleged idlement was not the result of the issuance of an order under the Act, this case must be dismissed. Gary Melick Administrative Law Judge Distribution: Kermit Campbell, General Delivery, Rowdy, KY 41367 George J. Miller, Esq., Wyatt, Tarrant & Combs, 1700 Lexington Financial Center, Lexington, KY 40507 /jf