## Facts

- Charles H. Moore worked in coal mining for more than sixteen years, including about seven years as an employee of others and about nine years working in a family mine as a self-employed operator and/or as a principal shareholder working in a closely held mining corporation.
- Moore filed a claim in 1971 for federal black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended.
- The agency denied benefits after counting only Moore’s years as an “employee,” relying on a regulation defining “miner” as an individual who worked “as an employee” in a coal mine.
- Moore sought judicial review; the district court upheld the denial as supported by substantial evidence.
- Moore appealed, arguing his self-employment and closely held corporation work should count as coal mine employment for statutory presumptions tied to years worked in mines.

## Issues

1. Whether Moore’s years working as a self-employed miner or as a principal shareholder working in a closely held mining corporation must be counted as coal mine “employment” for the Black Lung Act’s statutory presumptions based on years “employed in a coal mine.”
2. Whether the Secretary’s regulation limiting “miner” to individuals who worked “as an employee” impermissibly narrows the statute’s definition and purpose.

## Decision

- The Fourth Circuit reversed the district court.
- The court held Moore’s self-employment and closely held corporate mining work must be counted toward the Act’s years-of-service thresholds for statutory presumptions.
- The court concluded the agency regulation inserting an “employee” requirement conflicts with the statute and cannot be used to deny Moore the presumptions.
- The case was remanded for further proceedings applying the statutory presumptions to Moore, consistent with the court’s interpretation.

## Legal Principles

- Under the Black Lung Benefits provisions, “employed in a coal mine” is not limited to wage-earning employees and includes miners whose work placed them in the coal mine environment, regardless of formal employment status.
- An agency administering a remedial statute may not add restrictive conditions by regulation when those conditions are not imposed by Congress and are inconsistent with statutory text and purpose.
- Statutory presumptions tied to years worked in coal mines must be applied based on the claimant’s actual coal mine work experience, not on corporate form or technical employment classifications.
- Later statutory amendments expressly including self-employed miners may be treated as clarifications where consistent with original text, purpose, and legislative history.

## Conclusion

The Fourth Circuit held that coal mine work performed in self-employment or through a closely held corporation counts toward the Black Lung Act’s years-based presumptions, and it rejected an agency regulation that limited “miner” status to employee-only work as contrary to the statute.


Moore v. Harris, 623 F.2d 908 (4th Cir. 1980)