NIOSH Researchers Release Study Supporting Digital X-Rays in Black Lung Claims
Researchers affiliated with the NIOSH Surveillance Branch have released a study which supports the use of digital radiography in the black lung context. As described by…
Social Security Administration Releases Black Lung Benefits Data
The Social Security Administration (“SSA”) just released some black lung benefits data as a part of its 2013 Annual Statistical Supplement. As the SSA explains, this…
Fourth Circuit Summarily Affirms Subsequent Widow Claim (Dominion Coal Corp. v. Compton)
On January 27, 2014, in Dominion Coal Corp. v. Compton (decision here), the Fourth Circuit summarily affirmed a decision granting the black lung benefits survivor claim…
Fourth Circuit Fails to Find “Fraud on the Court” (Fox ex rel. Fox v. Elk Run Coal Co., Inc., — F.3d —-, 2014 WL 26556 (4th Cir. Jan. 3, 2014))
On January 3, 2014, the Fourth Circuit ruled that, despite deliberately withholding medical evidence showing that Gary Fox had complicated pneumoconiosis and was, thus, entitled to…
FY 2014 Federal Budget – Black Lung Benefits, Mine Safety, and NIOSH Appropriations
Congress has approved a 2014 budget via the “Omnibus Bill.” (Its actual title is the “Consolidated Appropriations Act, 2014,” the text of which is available here.) …
Policy Paper on Occupational Lung Disease in South Africa
The Yale Global Health Justice Partnership just released an impressive policy paper on occupational lung disease in South Africa. The paper provides an interesting comparative overview…
Supreme Court Denies Company’s Petition for Review in Black Lung Case (Buck Creek Coal Co. v. Sexton)
Yesterday the Supreme Court declined to grant certiorari and review the Sixth Circuit’s decision in Buck Creek Coal Co. v. Sexton, 706 F.3d 756 (6th Cir.…
Two Sixth Circuit Decisions Regarding Subsequent Claims (Consolidation Coal Co. v. Maynes & Arkansas Coals, Inc. v. Lawson)
Last week the U.S. Court of Appeals for the Sixth Circuit released two for-publication decisions in black lung benefits cases which each considered different issues that…