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: How NOT to Apply the Fifteen-Year Presumption (Griffith v. Terry Eagle Coal Co.)

On September 6, 2017, the U.S. Department of Labor’s Benefits Review Board issued a precedential decision in Griffith v. Terry Eagle Coal Co., No. 16-0587 BLA…

Byrd Amendments Update: House Republicans from Coalfield Districts Introduce Resolution to Protect Black Lung Improvements from Obamacare Repeal

Lately the black lung provisions that are within the Affordable Care Act—called the “Byrd Amendments”—have (rightly) been getting a lot of media attention. For example, there’s…

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

Sixth Circuit Affirms Miner’s Award of Black Lung Benefits, Holds ALJ Can Give Weight to Doctor Whose Opinion Does Not Address Subsequent Evidence (Lance Coal Corp./Golden Oak Mining Co. v. Caudill)

Today the U.S. Court of Appeals for the Sixth Circuit affirmed a Kentucky coal miner’s award of federal black lung benefits via an unpublished decision. Lance…

Fourth Circuit Rejects Constitutional Arguments Against Miner’s Black Lung Benefits Award in a Subsequent Claim (Eastern Associated Coal Corp. v. Director, OWCP [Toler])

On November 6, 2015 in Eastern Associated Coal Corp. v. Director, OWCP [Toler], 805 F.3d 502 (4th Cir. 2015) (slip opinion available here), the U.S. Court…

Sixth Circuit Affirms Surface Miner’s Award of Benefits, Rejecting Arguments Related to the Fifteen-year Presumption (Premium Coal Co. v. Director, OWCP [Byrge])

Last week, the U.S. Court of Appeals for the Sixth Circuit affirmed a surface miner’s award of federal black lung benefits in Premium Coal Co. v.…

Sixth Circuit Rejects Company’s Arguments Against 2013 Amendments to Black Lung Regulations, Affirming Award of Benefits (Brandywine Explosives & Supply v. Director, OWCP [Kennard])

On Monday, the U.S. Court of Appeals for the Sixth Circuit affirmed a miner’s award of federal black lung benefits in a published decision (slip opinion…

Important Black Lung Decision: Fourth Circuit Affirms Miner’s Award in Hobet Mining, LLC v. Epling, Discredits Physician’s “Argue in the Alternative” Opinion

On Friday April 17, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a published decision in an important case: Hobet Mining, LLC v.…

Sixth Circuit Holds “Minor” Contribution of Coal-Mine Dust to Lung Disease Can Prove Pneumoconiosis But Disability Causation Uses a Different Standard (Arch on the Green, Inc. v. Groves)

Today the U.S. Court of Appeals for the Sixth Circuit issued a published decision that turns upon the different legal standards used to determine whether a…

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

Tenth Circuit Holds 2013 Changes to Black Lung Regulations Apply to Pending Cases (Antelope Coal Co. v. Goodin)

On March 3, 2014, in Antelope Coal Co./Rio Tinto Energy America v. Goodin, 743 F.3d 1331 the U.S. Court of Appeals for the Tenth Circuit affirmed…

Posts tagged ‘fifteen-year presumption’