Black Lung Caused by Living Near Coal Processing Plant?
Erica Peterson of WFPL has an interesting story up about a civil suit filed by a woman who says her anthracosis was caused by a coal…
Major Black Lung Decision: Fourth Circuit Affirms “Rule Out” Standard for Disability Causation (West Virginia CWP Fund v. Bender)
Yesterday in West Virginia CWP Fund v. Bender, 782 F.3d 129 (4th Cir. 2015), the U.S. Court of Appeals for the Fourth Circuit issued an important…
Sixth Circuit Affirms Miner’s Award, Rejecting Arguments Regarding FEV1/FVC Ratio (Quarto Mining Co. v. Marcum)
Last week in Quarto Mining Co. v. Marcum, the U.S. Court of Appeals for the Sixth Circuit rejected a coal company’s arguments against a miner’s award…
Senator Casey Urges Public Release of Johns Hopkins’s Investigation of Dr. Wheeler & Black Lung X-ray Reading Program
As reported yesterday by ABC News, Senator Casey of Pennsylvania urged Johns Hopkins University School of Medicine to release the results of its internal review regarding…
Third Circuit Affirms Award As Supported by Substantial Evidence (Bud Davis Trucking v. Director, OWCP [Phipps])
Yesterday, the U.S. Court of Appeals for the Third Circuit affirmed an award of black lung benefits in a case that embodies two established principles in…
Sixth Circuit Rejects Coal Company’s Procedural Argument in Expedited “Automatic Entitlement” Case (Sextet Mining Corp. v. Whitfield)
Today in Sextet Mining Corp. v. Whitfield (slip opinion available here, opinion also available at 604 F. App’x 442) the U.S. Court of Appeals for the…
Fourth Circuit Summarily Affirms Black Lung Benefits Award as Based on Substantial Evidence (Liberty Mutual Insurance Co. v. Director, OWCP [Justus])
Yesterday the U.S. Court of Appeals for the Fourth Circuit summarily affirmed the awards of benefits in the claims of Greley Justus (who passed away in…
Law Journal Article on Widow’s Claims for Black Lung Benefits Under § 932(l)
In its current issue, the Catholic University Law Review has published a note written by a law student about the legal standard for survivor’s claims following…
Tennessee News Program Features Miner Whose Black Lung Claim Was Denied
Yesterday, a news program from Knoxville, Tennessee’s WATE featured a miner named Leo Strunk whose claim for black lung benefits has been denied. The compelling story…
“Issues in Black Lung Benefits Law” CLE on March 21, 2015 Hosted by Appalachian Citizens’ Law Center
On March 21, 2015 at 10:00 a.m., Appalachian Citizens’ Law Center (the publisher of this blog) is hosting an event called “Issues in Black Lung Benefits…