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Schedule for 2015 WV Black Lung Clinics Conference in Pipestem, WV

The brochure for the 2015 “Pipestem” conference from June 2 to 5, 2015 has been released (and is embedded and downloadable below). This year’s conference is…

Posted by Evan B. Smith on April 17, 2015 Read article
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Inspector General Criticizes Black Lung Program in Important Audit Concerning Backlog

Last week the Department of Labor’s Office of Inspector General released a significant—and critical—audit of the federal black lung benefits program’s procedures for deciding claims. The…

Posted by Evan B. Smith on April 16, 2015 Read article

Betty Jean Hall Named as Chairman of Benefits Review Board

Some news came out yesterday about the Benefits Review Board, the Department of Labor’s appellate body that reviews ALJs’ decisions in black lung benefits cases. Secretary…

Posted by Evan B. Smith on April 15, 2015 1 Comment Read article

Fourth Circuit Summarily Affirms Denial of Miner’s Claim (Trump v. Eastern Associated Coal Corp.)

On Friday April 10, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of a miner’s claim for black lung benefits.  The…

Posted by Evan B. Smith on April 13, 2015 Read article

Minich and Washington & Lee School of Law’s Black Lung Clinic

Washington & Lee University has a nice piece on their website about W&L School of Law’s Black Lung Legal Clinic. The article focuses on the oral…

Posted by Evan B. Smith on April 8, 2015 1 Comment Read article

Black Lung Caused by Living Near Coal Processing Plant?

Erica Peterson of WFPL has an interesting story up about a civil suit filed by a woman who says her anthracosis was caused by a coal…

Posted by Evan B. Smith on April 6, 2015 1 Comment Read article

Major Black Lung Decision: Fourth Circuit Affirms “Rule Out” Standard for Disability Causation (West Virginia CWP Fund v. Bender)

Yesterday in West Virginia CWP Fund v. Bender, 782 F.3d 129 (4th Cir. 2015), the U.S. Court of Appeals for the Fourth Circuit issued an important…

Posted by Evan B. Smith on April 3, 2015 7 Comments Read article

Sixth Circuit Affirms Miner’s Award, Rejecting Arguments Regarding FEV1/FVC Ratio (Quarto Mining Co. v. Marcum)

Last week in Quarto Mining Co. v. Marcum, the U.S. Court of Appeals for the Sixth Circuit rejected a coal company’s arguments against a miner’s award…

Posted by Evan B. Smith on March 31, 2015 Read article

Senator Casey Urges Public Release of Johns Hopkins’s Investigation of Dr. Wheeler & Black Lung X-ray Reading Program

As reported yesterday by ABC News, Senator Casey of Pennsylvania urged Johns Hopkins University School of Medicine to release the results of its internal review regarding…

Posted by Evan B. Smith on March 31, 2015 Read article

Third Circuit Affirms Award As Supported by Substantial Evidence (Bud Davis Trucking v. Director, OWCP [Phipps])

Yesterday, the U.S. Court of Appeals for the Third Circuit affirmed an award of black lung benefits in a case that embodies two established principles in…

Posted by Evan B. Smith on March 24, 2015 2 Comments Read article

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Devil in the Dust is published by Appalachian Citizens' Law Center, a nonprofit law firm that fights for justice in the coalfields by representing coal miners and their families on issues of black lung and mine safety. Appalachian Citizens' Law Center Logo

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