On April 29, 2014, in West Virginia CWP Fund v. Matlick (decision here) the U.S. Court of Appeals for the Fourth Circuit summarily affirmed a disabled coal miner’s award of black lung benefits.
In an unpublished, one-paragraph, per curiam opinion, the court held that the Benefits Review Board correctly determined that substantial evidence supported the ALJ’s decision to credit the opinions of Drs. Rasmussen and Cohen and to give less weight to the opinions of Drs. Fino and Bellotte.
Congratulations to Cheryl Catherine Cohen for her success for Mr. Matlick and to Sean Gregory Bajkowski for his success for the Department of Labor. (Lay representative Lynda D. Glagola also deserves congratulations for her representation of Mr. Matlick before the Benefits Review Board.)