W.V. Coal Workers’ Pneumoconiosis Fund v. DOL Office of Workers Comp. Programs (Lawyers Weekly No. 001-020-18, 14 pp.) (Harris, J.) No. 16-2453, Jan. 26, 2018; BRB. 4th Cir. Holding: Equivocal medical testimony could not rebut the Black Lung Benefits Act’s 15-year presumption of ...

Tagged with: black lung

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (Lawyers Weekly No. 001-217-17, 14 pp.) (Albert Diaz, J.) 16-1849; amended Dec. 12, 2017. On petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first ...

Tagged with: black lung

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (Lawyers Weekly No. 001-209-17, 13 pp.) (Albert Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s predecessor, ...

Tagged with: black lung

RB&F Coal Inc. v. Mullins (Lawyers Weekly No. 001-163-16, 20 pp.) (Floyd) No. 15-1656, Nov. 18, 2016; On Petition for Review; 4th Cir. Holding: The Benefits Review Board did not err in imposing liability for black lung benefits on a ...

Tagged with: black lung

Sea “B” Mining Co. v. Addison (Lawyers Weekly No. 001-131-16, 30 pp.) (Agee, J.) No. 14-2324, July 29, 2016; On Petition for Review; 4th Cir. Holding: The 4th Circuit vacates an award of black lung benefits, as the ALJ erred ...

Tagged with: black lung CT scan

Hobet Mining LLC v. Epling (Lawyers Weekly No. 15-01-0358, 17 pp.) (Harris, J.) No. 13-1738, April 17, 2015; On Petition for Review; 4th Cir. Holding: The 4th Circuit upholds a decision that a black lung benefits claimant was entitled to ...

Tagged with: black lung

West Virginia CWP Fund v. Bender (Lawyers Weekly No. 15-01-0314, 33 pp.) (Keenan, J.) No. 12-2034, April 2, 2015; On Petition for Review; 4th Cir. Holding: Although a black lung claimant had a history of smoking and lung cancer treatment, ...

Tagged with: black lung

Collins v. Pond Creek Mining Co. (Lawyers Weekly No. 14-01-0422, 16 pp.) (Wilkinson, J.) No. 13-1702, May 1, 2014; On Petition for Review; 4th Cir. Holding: After 16 years of fighting for black lung survivor’s benefits, a miner’s widow wins ...

Tagged with: black lung

Fox v. Elk Run Coal Co. (Lawyers Weekly No. 001-009-14, 20 pp.) (Wilkinson, J.) No. 12-2387, Jan. 3, 2014; On Petitions for Review; 4th Cir. Holding: A coal company’s failure to disclose two pathologists’ reports diagnosing a miner’s  “complicated pneumoconiosis” ...

Tagged with: black lung

Mingo Logan Coal Co. v. Owens An administrative law judge did not improperly limit a coal mining company’s ability to rebut a presumption of black lung benefits for a claimant who had spent at least 15 years in an underground mine and had become totally disabled from breathing difficulties, and the 4th Circuit affirms the award of benefits.

Tagged with: black lung