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

Sixth Circuit Rejects Company’s Arguments Against 2013 Amendments to Black Lung Regulations, Affirming Award of Benefits (Brandywine Explosives & Supply v. Director, OWCP [Kennard])

On Monday, the U.S. Court of Appeals for the Sixth Circuit affirmed a miner’s award of federal black lung benefits in a published decision (slip opinion…

Posted by Evan B. Smith on June 17, 2015 3 Comments Read article
Map of 4th Circuit Jurisdiction

Three Fourth Circuit Decisions Affirming Awards of Black Lung Benefits (Island Creek Coal Co. v. Dykes, NBL Coal Co. v. Director, OWCP [Moore], and Island Creek Coal Co. v. Hargett))

In three cases in the past couple weeks, the U.S. Court of Appeals for the Fourth Circuit affirmed awards of federal black lung benefits. The unpublished…

Posted by Evan B. Smith on June 4, 2015 1 Comment Read article

Important Medical Study Details Severe Black Lung Among Surface Miners

I’m playing catch-up on a medical study that is very important to understanding the risks of black lung that surface miners face. In the January 2015…

Posted by Evan B. Smith on May 28, 2015 5 Comments Read article

Fourth Circuit Issues Jurisdictional Holding, Rejecting Challenge to Award of Miner’s Benefits (Coastal Coal-West Virgina, LLC v. Director, OWCP [Miller])

The U.S. Court of Appeals issued an unpublished, per curiam decision that provides a cautionary lesson about appellate procedure and deadlines in black lung cases. In…

Posted by Evan B. Smith on May 19, 2015 1 Comment Read article

Board Holds in Published Decision that “Rule Out” Standard Applies to Coal Operators Seeking to Rebut Presumption of Disability Causation (Minich v. Keystone Coal Mining Corp.)

The Department of Labor’s Benefits Review Board has issued an important, precedential decision in Minich v. Keystone Coal Mining Corp. (available here) regarding black lung benefits cases…

Posted by Evan B. Smith on May 15, 2015 2 Comments Read article

Miners and Advocates Meet in Jolliet, PA Regarding Procedural Problems in Black Lung Benefits System

The Citizen Standard from Valley View, Pennsylvania has a story about a meeting in Joliett, Pennsylvania of active and retired miners as well as an attorney…

Posted by Evan B. Smith on May 14, 2015 Read article

Medical Studies Relevant to Black Lung from American Thoracic Society’s International Conference

The American Journal of Respiratory and Critical Care Medicine has published abstracts from the American Thoracic Society’s International Conference in Denver, which begins tomorrow. Below are…

Posted by Evan B. Smith on May 14, 2015 2 Comments Read article

DOL Proposes Important Black Lung Procedural Rules Requiring Full Disclosure of Medical Evidence

Significant news in the world of federal black lung benefits:  the Department of Labor has proposed changes to the procedural rules governing black lung benefits claims. …

Posted by Evan B. Smith on April 29, 2015 1 Comment Read article

Medical Study Reports Pneumoconiosis at Coal Slag Processing Plant

The American Journal of Industrial Medicine recently published a study reporting a case cluster of pneumoconiosis at a coal slag processing plant in the Midwest. The…

Posted by Evan B. Smith on April 27, 2015 1 Comment Read article
Map of 4th Circuit Jurisdiction

Important Black Lung Decision: Fourth Circuit Affirms Miner’s Award in Hobet Mining, LLC v. Epling, Discredits Physician’s “Argue in the Alternative” Opinion

On Friday April 17, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a published decision in an important case:  Hobet Mining, LLC v.…

Posted by Evan B. Smith on April 20, 2015 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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