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Benefits Review Board Adopts E-Filing System

Good news for those of us who like e-filing!  The Department of Labor’s Benefits Review Board sent out letters last week unveiling its electronic filing and…

Posted by Evan B. Smith on July 17, 2014 Read article

Fourth Circuit Summarily Affirms (Another) Miner’s Black Lung Benefits Award (McElroy Coal Co. v. Trader)

In what has become a regular pattern this year, the U.S. Court of Appeals for the Fourth Circuit has once again rejected—in the most summary way…

Posted by Evan B. Smith on July 16, 2014 Read article

Interesting Fourth Circuit Decision Involving “Living Miner” Claim Awarded After Widow’s Claim Was Denied and After Widow Remarried (Eastern Associated Coal Co. v. Director [Vest])

On July 3, 2014, the U.S. Court of Appeals for the Fourth Circuit released an interesting unpublished, per curiam opinion in Eastern Associated Coal Co. v.…

Posted by Evan B. Smith on July 8, 2014 2 Comments Read article

Fourth Circuit (Including Judge Niemeyer) Continues to Summarily Affirm Black Lung Benefits Awards (Consolidation Coal Co. v. Director [Lake] & Laurel Run Mining Co. v. Maynard)

Continuing a pattern discussed in a post from two weeks ago—this week, the U.S. Court of Appeals for the Fourth Circuit has summarily affirmed two awards…

Posted by Evan B. Smith on June 19, 2014 1 Comment Read article

Head of MSHA Explains Benefits of New Coal Mine Dust Rule

On the Department of Labor’s blog, the head of the Mine Safety and Health Administration (MSHA), Joe Main, wrote a post which draws upon his experience…

Posted by Evan B. Smith on June 15, 2014 Read article

Fourth Circuit Summarily Affirms 3 Black Lung Awards (West Virginia CWP Fund v. Director; Elk Run Coal Co. v. Director; & West Virginia CWP Fund v. Reed)

The U.S. Court of Appeals for the Fourth Circuit has released three summary decisions which each affirm disabled coal miners’ awards of federal black lung benefits. …

Posted by Evan B. Smith on June 5, 2014 1 Comment Read article

Dr. Paul Wheeler Presumed Not to Be Credible by Department of Labor; Department to Tell Miners with Denied Claims to Refile

Major news: Dr. Wheeler is now presumed not to be believable by the Department of Labor. The Director of the Division of Coal Mine Workers’ Compensation…

Posted by Evan B. Smith on June 4, 2014 6 Comments Read article

ACLC Clients Featured in Huffington Post Story on Black Lung

The Huffington Post is out with a story today highlighting several ACLC clients in western Kentucky who have been subjected to poor coal dust conditions, mine…

Posted by Tarence Ray on May 30, 2014 Read article

Department of Labor to Propose Rule Regarding Disclosure of Medical Evidence

Major news from the Department of Labor:  In its Spring 2014 Semiannual Regulatory Agenda, the agency announced that it will be proposing a rule regarding the…

Posted by Evan B. Smith on May 27, 2014 Read article

Medical Research Shows Importance of Role of Silica in Rapidly Progressing Coal Workers’ Pneumoconiosis

The American Thoracic Society has posted the abstract of a paper written by some of the world’s leading coal workers’ pneumoconiosis medical researchers.  The paper provides…

Posted by Evan B. Smith on May 16, 2014 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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  • 2019 Black Lung Benefits Stuck at 2018 Rates
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