FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001

October 30, 2007

UNITED MINE WORKERS OF                    :      COMPENSATION PROCEEDING

     AMERICA, LOCAL 1248,                       : 

                                    Complainant                 :      Docket No. PENN 2002-23-C

                                                                            :

                        v.                                              : 

                                                                             : 

MAPLE CREEK MINING, INC.,               :      Maple Creek Mine

                                    Respondent      :       Mine ID 36-00970

ORDER OF DISMISSAL

            This case is before me on remand pursuant to the July 13, 2007, Decision of the Commission. UMWA, Local 1248 v. Maple Creek Mining, Inc., 29 FMSHRC 583 (July 2007). The Commission vacated orders denying Respondent’s motion for summary decision and motion for reconsideration, conclusively establishing that the claim for up to one week’s compensation under the third sentence of section 111 of the Act must be rejected. The case was remanded because the Commission was unable to ascertain whether there is any other valid claim for compensation under the other provisions of section 111.

            Complainant was directed to file a status report identifying any issues remaining to be resolved under its Complaint for Compensation, as amended. Complainant reported that it had identified some miners who had not received compensation pursuant to the first two sentences of the subject section, and that the names of the miners and the amounts owing had been forwarded to Respondent. Subsequently, the parties filed a Joint Motion to Dismiss the action, representing that all outstanding claims for compensation had been satisfied.

            Based upon the foregoing, the motion to dismiss is granted, and this case is hereby DISMISSED.

                                                                        Michael E. Zielinski

Administrative Law Judge

Distribution:

Judith Rivlin, Esq., United Mine Workers of America, 8315 Lee Highway, Fairfax, VA 22031

Melanie J. Kilpatrick, Esq., Rajkovich, Williams, Kilpatrick & True, PLLC, 2333 Alumni Park Plaza, Suite 310, Lexington, KY 40517

Edward P. Claire, Esq., Associate Solicitor for Mine Safety and Health, U.S. Department of Labor, Suite 2222, 1100 Wilson Blvd., Arlington, VA 22209-2296

/mh