Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Upholds DOL Regs for Surface Miners to Qualify for Fifteen-Year Presumption, Affirms Surface Miner’s Award (Zurich American Insurance Group v. Duncan)

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit issued a precedential decision in a federal black lung benefits claim: Zurich American Insurance…

Fourth Circuit Rejects Coal Company’s Doctor’s FEV1/FVC Theory, Affirms Miner’s Award of Benefits (Westmoreland Coal Co. v. Stallard)

Yesterday, the U.S. Court of Appeals for the Fourth Circuit issued a precedential “published” opinion affirming a coal miner’s award of federal black lung benefits. In…

Published Board Decision: A Coal Miner’s Award of Benefits Does Not Need to Come Before His Death for a Survivor to be Automatically Entitled to Benefits under § 932(l) (Ferguson v. Oak Grove Resources, LLC)

On August 7, 2017, the Benefits Review Board issued a published decision (available here) concerning the “automatic entitlement” provision at 30 U.S.C. § 932(l). The Board rejected…

Sixth Circuit Affirms Miner’s Black Lung Award: ALJ’s Finding of “Substantial” Smoking History Sufficient Explanation (Grayson Coal & Stone Co. v. Teague)

This week the U.S. Court of Appeals for the Sixth Circuit affirmed a coal miner’s award of benefits in an unpublished decision, Grayson Coal & Stone…

Byrd Amendments Update: Senate Democrats Introduce Symbolic Amendments to Protect Black Lung Improvements

The past week has not seen any concrete action regarding the Byrd Amendments. But like last week’s introduction of a proposed House Resolution by coalfield Republicans,…

Map of Jurisdiction of U.S. Court of Appeals for the 10th Circuit

Tenth Circuit Affirms ALJ’s Use of Preamble in Awarding Black Lung Benefits (Blue Mountain Energy v. Director, OWCP [Gunderson])

On Friday, November 13, 2015, the U.S. Court of Appeals for the Tenth Circuit issued a published decision in Blue Mountain Energy v. Director, OWCP [Gunderson…

Navistar, Inc. v. Forester: Sixth Circuit Rules That A Mine Safety Inspector Is Not Considered A “Miner” Under The Black Lung Benefits Act

On September 12, 2014, the Sixth Circuit issued its decision in Navistar, Inc. v. Forester, (767 F.3d 638 , 2014 WL 4473331, 6th Cir. 2014) reversing the…

Posts tagged ‘Black Lung Benefits Act’