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Map of Jurisdictions of U.S. Courts of Appeals for the Sixth and Seventh Circuits

Sixth Circuit Upholds DOL Regs for Surface Miners to Qualify for Fifteen-Year Presumption, Affirms Surface Miner’s Award (Zurich American Insurance Group v. Duncan)

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit issued a precedential decision in a federal black lung benefits claim:  Zurich American Insurance…

Posted by Evan B. Smith on May 22, 2018 1 Comment Read article
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D.C. Circuit Rejects Arch Coal’s Challenge to Black Lung Cases Left by Patriot Coal Bankruptcy (Arch Coal, Inc. v. Acosta)

Last week the U.S. Court of Appeals for the D.C. Circuit issued one of its rare decisions relating to black lung benefits.  The decision will likely…

Posted by Evan B. Smith on May 3, 2018 1 Comment Read article

National Black Lung Association Submits SCOTUS Brief Asking Court Not to Worsen Delays in Black Lung Cases

On Monday, April 23, 2018, the Supreme Court will hear argument in a case that could have serious consequences for current and future recipients of federal…

Posted by Tarence Ray on April 19, 2018 1 Comment Read article

Two Noteworthy Stories and Media Roundup from Last Week About Black Lung Resurgence Article from JAMA

After last week’s important publication in JAMA discussing NIOSH’s unprecedented finding of 416 coal miners with severe black lung—the largest single cluster of black lung ever…

Posted by Evan B. Smith on February 15, 2018 Read article

JAMA Publishes Finding of 416 Coal Miners with Severe Black Lung; NPR Provides Coverage and Context

A significant finding in black lung research was published today in JAMA, the Journal of the American Medical Association. The letter (which is embedded below) was…

Posted by Evan B. Smith on February 6, 2018 Read article
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Federal Black Lung Benefits Rates for 2018: Benefits Increase By 1.4%

Recently the U.S. Department of Labor increased by 1.4% the modest amount of money that disabled coal miners and their families who receive federal black lung…

Posted by Evan B. Smith on February 1, 2018 2 Comments Read article
Map of 4th Circuit Jurisdiction

Fourth Circuit Affirms Award of Benefits to Ted Latusek, After 24 Years of Litigation and Attention from Pulitzer Prize-Winning Reporting (Consolidation Coal Co. v. Latusek)

Today, the U.S. Court of Appeals for the Fourth Circuit issued an unpublished decision in the black lung benefits claim of Ted Latusek.  Consolidation Coal Co.…

Posted by Evan B. Smith on January 9, 2018 1 Comment Read article
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MSHA Should Not Reduce Protection from Black Lung

In December, the Trump Administration announced it is considering rolling back MSHA regulations that protect coal miners from “black lung” disease, which comes from breathing in…

Posted by Steve Sanders on January 4, 2018 5 Comments Read article
Map of 4th Circuit Jurisdiction

Fourth Circuit Rejects Coal Company’s Doctor’s FEV1/FVC Theory, Affirms Miner’s Award of Benefits (Westmoreland Coal Co. v. Stallard)

Yesterday, the U.S. Court of Appeals for the Fourth Circuit issued a precedential “published” opinion affirming a coal miner’s award of federal black lung benefits. In…

Posted by Evan B. Smith on November 30, 2017 1 Comment Read article
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Published Board Decision: How NOT to Apply the Fifteen-Year Presumption (Griffith v. Terry Eagle Coal Co.)

On September 6, 2017, the U.S. Department of Labor’s Benefits Review Board issued a precedential decision in Griffith v. Terry Eagle Coal Co., No. 16-0587 BLA…

Posted by Evan B. Smith on October 9, 2017 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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