BECKLEY — Four trustees of the 1992 United Mine Workers of America benefit plan are suing three coal companies owned by Gov. Jim Justice's family alleging that the organizations failed to pay beneficiary premiums for the plan.
Bluestone Coal Corporation, Bluestone Industries and Keystone Service Industries were all named as defendants in the suit.
Michael H. Holland, Michael O. McKown, Paul Piccolini and Carlo Tarley, as trustees of the UMWA plan claim that the companies failed to pay premiums in total of $78,954 between July 15, 2017, and Aug. 15, 2021, according to a complaint filed last month in U.S. District Court for the Southern District of West Virginia at Beckley.
"Defendants ceased payments of monthly per beneficiary premiums to the 1992 Plan in June 2017," the complaint states. "Defendants have failed to pay the required monthly per beneficiary premiums to the 1992 Plan for the period July 15, 2017, through August 15, 2021, in the principal amount of $78,954.56."
The defendants failed to discharge their obligations under ERISA and the Coal Act and have caused the beneficiaries to sustain a loss of income, incur administrative and legal expenses and suffer continuing and irreparable injury.
The plaintiffs claim the defendants are jointly and severally liable for the monthly beneficiary premiums owed to the 1992 plan beneficiaries.
The plaintiffs are seeking a declaration that the defendants are related persons within the meaning of Section 9701(c)(2)(A) of the Coal Act and are jointly and severally liable to the 1992 Plan for monthly per beneficiary premiums from July 15, 2017, through Aug. 15, 2021, in the amount of $78,954.56 and judgment jointly and severally for the entire liability with plus interest and a permanent injunction enjoining the defendants from failing to pay their premiums to the 1992 plan. They are represented by Clayton M. Creswell, Glenda Finch, Larry D. Newsome and James Woodrow "Woody" Hill.
U.S. District Court for the Southern District of West Virginia case number: 5:21-cv-00472