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Fourth Circuit Awards Black Lung Benefits to Widow After 17-Year Struggle (Collins v. Pond Creek Mining)

On May 1, 2014, in Collins v. Pond Creek Mining (decision here) the U.S. Court of Appeals for the Fourth Circuit awarded black lung benefits to…

Posted by Evan B. Smith on May 5, 2014 2 Comments Read article

Fourth Circuit Summarily Affirms Miner’s Black Lung Benefits Award (West Virginia CWP Fund v. Matlick)

On April 29, 2014, in West Virginia CWP Fund v. Matlick (decision here) the U.S. Court of Appeals for the Fourth Circuit summarily affirmed a disabled…

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

Medical Study of Pakistani Coal Miners Reports 71% Have Respiratory Health Problems, 49.5% Have Pneumoconiosis

The Pakistani medical journal Journal of Postgraduate Medical Institute has published a study of Pakistani miners in Cherat, Nowshera District.  The study titled “Prevalence of Pneumoconiosis…

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

MSHA Announces Final Coal Dust Rule

For the first time since 1972, the Department of Labor has passed new respirable coal dust standards for U.S. coal mines. The updated limit, which was originally proposed…

Posted by Tarence Ray on April 23, 2014 6 Comments Read article

Department of Labor Issues Final Rule for Standardizing Digital X-Rays in Black Lung Claims

The Department of Labor’s Office of Workers’ Compensation Programs (OWCP) has issued a final rule regarding the submission of digital radiographs in federal Black Lung claims.…

Posted by Tarence Ray on April 22, 2014 1 Comment Read article

Fourth Circuit Rejects Company’s Arguments Regarding Rebuttal Standards (West Virginia CWP Fund v. Gump)

Today in West Virginia CWP Fund v. Gump, (decision here), the U.S. Court of Appeals for the Fourth Circuit affirmed a miner’s award of black lung…

Posted by Evan B. Smith on April 15, 2014 1 Comment Read article

Fourth Circuit Summarily Affirms Miner’s Award of Black Lung Benefits (Mud Lick Mining Corp. v. Hash)

On April 11, 2014, in Mud Lick Mining Corp. v. Hash (decision here) the U.S. Court of Appeals for the Fourth Circuit summarily affirmed a disabled…

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

GAO Report Agrees with Using Science, National Approach to Reduce Coal Mine Dust Exposure

The United States Government Accountability Office (GAO) has released a report on MSHA’s proposal to lower the exposure limit for respirable coal mine dust. The report,…

Posted by Tarence Ray on April 15, 2014 1 Comment Read article

NIOSH Announces Free Black Lung Screenings in Southwest U.S.

Beginning this month the National Institute for Occupational Safety and Health (“NIOSH”) is traveling from Louisiana to Arizona to provide coal miners with free, confidential screenings…

Posted by Evan B. Smith on April 10, 2014 Read article

Ninth Circuit Holds ALJs Can Use the Regulatory Preamble in Weighing Medical Evidence (Peabody Coal Co. v. Director, OWCP)

Yesterday in Peabody Coal Co. v. Director, OWCP (decision here), the U.S. Court of Appeals for the Ninth Circuit affirmed a miner’s award of federal black…

Posted by Evan B. Smith on April 2, 2014 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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