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Sixth Circuit Rejects Coal Company’s Procedural Argument in Expedited “Automatic Entitlement” Case (Sextet Mining Corp. v. Whitfield)

Today in Sextet Mining Corp. v. Whitfield (slip opinion available here, opinion also available at 604 F. App’x 442) the U.S. Court of Appeals for the…

Posted by Evan B. Smith on March 12, 2015 Read article

Fourth Circuit Summarily Affirms Black Lung Benefits Award as Based on Substantial Evidence (Liberty Mutual Insurance Co. v. Director, OWCP [Justus])

Yesterday the U.S. Court of Appeals for the Fourth Circuit summarily affirmed the awards of benefits in the claims of Greley Justus (who passed away in…

Posted by Evan B. Smith on February 24, 2015 1 Comment Read article

Law Journal Article on Widow’s Claims for Black Lung Benefits Under § 932(l)

In its current issue, the Catholic University Law Review has published a note written by a law student about the legal standard for survivor’s claims following…

Posted by Evan B. Smith on February 18, 2015 3 Comments Read article

Tennessee News Program Features Miner Whose Black Lung Claim Was Denied

Yesterday, a news program from Knoxville, Tennessee’s WATE featured a miner named Leo Strunk whose claim for black lung benefits has been denied.  The compelling story…

Posted by Evan B. Smith on February 12, 2015 Read article

“Issues in Black Lung Benefits Law” CLE on March 21, 2015 Hosted by Appalachian Citizens’ Law Center

On March 21, 2015 at 10:00 a.m., Appalachian Citizens’ Law Center (the publisher of this blog) is hosting an event called “Issues in Black Lung Benefits…

Posted by Evan B. Smith on February 11, 2015 Read article

Third Circuit Affirms Miner’s Award Of Black Lung Benefits, Rejecting Challenge to Use of Preamble (Carpentertown Coal & Coke Co. v. Director, OWCP [Jenkins])

On January 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed (decision here) a miner’s award of black lung benefits, holding that substantial…

Posted by Evan B. Smith on January 26, 2015 Read article

DOL Posts Information About Hiring Contract Lawyers for Black Lung Claims Before OALJ

Last month the Department of Labor posted preliminary information about its proposal to hire contract lawyers to draft proposed decisions in federal black lung claims for…

Posted by Evan B. Smith on January 9, 2015 1 Comment Read article

Al Jazeera Video on Black Lung Activism in China

Al Jazeera has posted an interesting 25-minute video (available here) about Chinese black lung activist Wang Keqin, an investigative journalist who formed an organization called “Love…

Posted by Evan B. Smith on January 4, 2015 Read article

Wall Street Journal Reports on Staggering Black Lung Epidemic in China

The United States isn’t the only country dealing with a black lung epidemic. A recent report from the Wall Street Journal documents the soaring rate of black…

Posted by Tarence Ray on December 16, 2014 1 Comment Read article

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…

Posted by Steve Sanders on December 15, 2014 1 Comment 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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