ALJ decisions on motions for reconsideration or modification of award under the statute are reviewed for abuse of discretion, since the statute grants the ALJ broad discretion, and judgments on motions to reopen and reconsider in other areas of law receive similar deference.
As the ALJ's have no policymaking role and are employed in the implementation of the statute at the discretion of the Executive, the protections against removal of ALJ's so employed do not violate Article II powers of the Executive.
ALJ's are judges who make decisions that are subject to vacatur by people without tenure protection. Properly appointed ALJ's don't trammel on the President's executive power.
Finding of inproper removal protections would not imperil the decisions of a lawfully appointed ALJ that have been susbsequently ratified by the Secretary.
Given the specific procedure in the statute, ALJ did not abuse discretion in denying motion to reconsider and modify; the statute empowers the agency to administratively modify the finding, and specifically forbids the initiation of a reconsideration before an ALJ. Given the interest in finality, no abuse of discretion in denying motion to reopen.
Once the presumption arising from fifteen years of work in similar considtion arises, the burden shifts to the employer to disprove total disability due to pneumoconiosis.
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/16/20-71449.pdf