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…

Fourth Circuit Summarily Affirms Three Black Lung Awards (McElroy Coal Co. v. Director, OWCP [Wnek], McElroy Coal Co. v. Director, OWCP [Kennedy] & Consolidation Coal Co. v. Varner)

In the past week, the U.S. Court of Appeals for the Fourth Circuit summarily affirmed awards of federal black lung benefits to two coal miners. These…

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

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…

Posts tagged ‘rebuttal’

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

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

Fourth Circuit Summarily Affirms Three Black Lung Awards (McElroy Coal Co. v. Director, OWCP [Wnek], McElroy Coal Co. v. Director, OWCP [Kennedy] & Consolidation Coal Co. v. Varner)

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

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