Crowe Ex Rel. Crowe v. Zeigler Coal Co., 646 F.3d 435

Crowe (widow of Harold Crowe) seeks review of BRB/ALJ modification of a Black Lung Benefits Act award.
Zeigler Coal Co. liquidated in bankruptcy; Travelers (surety) had interest but did not intervene promptly.
Modification proceeded without a current real party in interest; prior decisions discussed the propriety of dismissal.
ALJ Mosser on remand awarded benefits in 2001; Zeigler refused to pay, prompting a modification proceeding.
Seventh Circuit precedents (Old Ben, Melvin, Griskell) address real-party-in-interest and intervention in BLBA cases.
Court reverses BRB and remands for reinstatement of Crowe’s benefits; Travelers delayed intervention and is adverse to Crowe)

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dismissal of modification after liquidation was required	Crowe	Zeigler/Travelers	Unnecessary to resolve; but court reverses on dismissal grounds
Modification must serve justice under the Act	Crowe	Zeigler/Travelers	Not necessary to decide; remand for reinstatement if appropriate
BRB error in remanding based on Hilliard reasoning	Crowe	Zeigler/Travelers	Not necessary to decide; focus on first ground

Old Ben Coal Co. v. Dir., OWCP (Hilliard), 476 F.3d 418 (7th Cir. 2007) (real party in interest and modification guidance under BLBA)
Melvin (Old Ben Coal Co. v. Dir., OWCP), 476 F.3d 418 (7th Cir. 2007) (insurer intervention in BLBA modification cases)
Griskell (Zeigler Coal Co. v. Dir., OWCP), 490 F.3d 609 (7th Cir. 2007) (intervention after bankruptcy and joining issues in BLBA)
Banks v. Chicago Grain Trimmers Ass'n, 390 U.S. 459 (1968) (modification authority broadly construed to correct mistakes of fact)
O'Keeffe v. Aerojet-General Shipyards, Inc., 404 U.S. 254 (1971) (modification authority broad; render justice under the Act)
Hilliard (Old Ben Coal Co. v. Dir., OWCP), 292 F.3d 533 (7th Cir. 2002) (modification discretion constrained by accuracy under the Act)