Tag Archives: black lung benefits

May 1, 2014 4th Circuit published opinion

Collins v Pine Creek Mining Company Collins field for survivor benefits arguing her husband had legal pneumoconiosis. The administrative law judge ultimately agreed the disease was present in her husband, but, ruled it did not cause the death. The panel … Continue reading

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January 3, 2014 4th Circuit published opinion

Fox v Elk Run Coal Company, Incorporated Fox sought to set aside a final order in a 2001 black lung proceeding arguing Elk’s failure to provide expert reports to its testifying witness constituted fraud on the court. The administrative law … Continue reading

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July 31, 2013 4th Circuit published opinions

Eastern Associated Coal Corporation v Director, Office of Workers Compensation Programs A former employee of eastern won a claim for black lung disease. The administrative law judge warded attorney fees and this was upheld on appeal. The panel affirmed as … Continue reading

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July 5, 2013 4th Circuit published opinions

Union Carbide Corporation v Richards  Richards was awarded black lung survivor benefits under Section 1556 of the Affordable Care Act. The panel affirmed.  It held that 1556 created a new claim not merely a new theory of liability in that … Continue reading

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June 4, 2013 4th Circuit published opinions

Westmoreland Coal Company v Cochran Cochran filed for black lung benefits and the administrative Law Judge awarded benefits. The appeal board affirmed. The panel, 2-1, affirmed. The majority held that the administrative law judge properly considered the medical conclusions in … Continue reading

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August 20, 2012 4th Circuit published opinions

Westmoreland Coal Company, Incorporated v Sharpe After remand to determine a modification motion, the administrative law judge ruled that the original ruling of complex pneumoconiosis was erroneous and Westmoreland had not committed misconduct in bringing the motion and thus denied … Continue reading

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May 15, 2012 4th Circuit published opinions

Harman Mining Company v Director of the Office of Workers’ Compensation Programs Harman was ordered to pay benefits under the black lung program to a worker who had legal pneumoconiosis. The panel dismissed their petition for review finding the administrative … Continue reading

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