⚖ Oral Arguments, with Context

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Victor Rexrode v. DOWCP — 4th Cir. (Oct 28, 2026)

No. 24-1699 Argued October 28, 2026 Published October 30, 2026

The Fourth Circuit hears coal miner Victor Rexrode's challenge to a black lung benefits repayment order. Rexrode has complicated pneumoconiosis, a form of black lung disease. He received federal benefits while he was still working in the mines. The Labor Department later applied an earnings offset, reducing his benefits because of his wages, and sought repayment of nearly nine thousand dollars. The Benefits Review Board upheld the offset. The law conclusively treats qualifying miners with this condition as totally disabled, even if they still work. Rexrode will argue that a specific exception protects their benefit payments while they keep mining. The Department will distinguish eligibility from payment: a miner can stay eligible, yet earnings may reduce what he receives. The question is how those provisions fit together, not whether Rexrode actually continued working. Sam Petsonk will represent Rexrode.

Victor Rexrode v. DOWCP (No. 24-1699) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.

Sources
Argument audio — official Fourth Circuit original, October 28, 2026:https://www.ca4.uscourts.gov/OAarchive/mp3/24-1699-20261028.mp3
Official recording and written counsel listing:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Official dated calendar and excess-earnings issue:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Underlying award, work history, repayment and Board ruling — BRB 23-0211 BLO, June 27, 2024:https://www.dol.gov/sites/dolgov/files/BRB/decisions/blklung/unpublished/Jun24/23-0211.pdf
Earnings reduction — 30 U.S.C. section 932(g):https://www.law.cornell.edu/uscode/text/30/932
Working-miner exception — 30 U.S.C. section 923(d):https://www.law.cornell.edu/uscode/text/30/923
Conclusive disability presumption — 30 U.S.C. section 921(c)(3):https://www.law.cornell.edu/uscode/text/30/921
Black lung and coal mine dust — NIOSH:https://www.cdc.gov/niosh/mining/topics/black-lung.html
Simple and complicated pneumoconiosis — MedlinePlus:https://medlineplus.gov/ency/article/000130.htm
Independent judicial interpretation — Loper Bright, majority printed pages 34–35:https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
Former agency-deference rule — Chevron, pages 842–844:https://supreme.justia.com/cases/federal/us/467/837/
Courts decide questions of law — 5 U.S.C. section 706:https://www.law.cornell.edu/uscode/text/5/706

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