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Fourth Circuit Affirms Miner’s Award, Deferring to ALJ’s Decision that Company Doctors Did Not Rebut Black Lung (Westmoreland Coal. Co. v. Stidham)

Today in Westmoreland Coal Co v. Stidham (decision here), the U.S. Court of Appeals for the Fourth Circuit affirmed a miner’s award in a black lung…

Posted by Evan B. Smith on March 26, 2014 1 Comment Read article

Second Annual Black Lung and Pulmonary Impairments in the Law CLE Program at Appalachian School of Law

Appalachian School of Law is holding its second annual Black Lung and Pulmonary Impairments in the Law continuing legal education (CLE) program on Saturday, April 12,…

Posted by Evan B. Smith on March 26, 2014 Read article

Fourth Circuit Summarily Affirms Miner’s Award (Consolidation Coal Co. v. Gilbert)

Yesterday in Consolidation Coal Co. v. Gilbert (decision here) the Fourth Circuit summarily affirmed a miner’s black lung benefits award. The court affirmed the award in the most…

Posted by Evan B. Smith on March 20, 2014 Read article
Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Affirms Widow’s Award, Discounts Company Doctors’ Reasoning (Lemarco, Inc. v. Helton)

Today in Lemarco, Inc. v. Helton, 559 F. App’x 465 (6th Cir. 2014) (slip op.  here), the U.S. Court of Appeals for the Sixth Circuit affirmed an…

Posted by Evan B. Smith on March 18, 2014 2 Comments Read article

70s-era Black Lung PSAs from the Department of Labor

Below are some mp3s which are of historical/novelty interest. I pulled these on September 11, 2013 from an eBay auction for a 45 containing these songs.  …

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

Welcome to Devil in the Dust 2.0

We switched the blogging platform of Devil in the Dust. If you subscribed to the old, Blogger-based version, you may need to resubscribe. Thanks!

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

Members of Congress Criticize Proposed DOL Rule that Could Help Coal Companies Hide Medical Evidence from Miners and Widows

Supporting disabled coal miners and their widows, seven Members of Congress signed a letter to Secretary of Labor Thomas Perez, criticizing the Department of Labor’s proposed…

Posted by Evan B. Smith on March 7, 2014 Read article
Map of Jurisdiction of U.S. Court of Appeals for the 10th Circuit

Tenth Circuit Holds 2013 Changes to Black Lung Regulations Apply to Pending Cases (Antelope Coal Co. v. Goodin)

On March 3, 2014, in Antelope Coal Co./Rio Tinto Energy America v. Goodin, 743 F.3d 1331 the U.S. Court of Appeals for the Tenth Circuit affirmed…

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

“Breathless and Burdened” Series Wins Investigative Reporting Award

For his work on black lung issues, Chris Hamby from the Center for Public Integrity has won the American Business Editors and Writers award for best…

Posted by Evan B. Smith on March 4, 2014 Read article

Department of Labor Announces Support for Black Lung Claimants

Today the Department of Labor made three policy changes that help miners win and defend their federal black lung benefits.  The changes are marginal steps in…

Posted by Evan B. Smith on February 28, 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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