Posts from the ‘Law’ category

Benefits Review Board Decides Narrow Case Related to Effect of Lucia v. SEC in Black Lung Cases (Miller v. Pine Branch Coal Sales, Inc.)

Last month, the U.S. Department of Labor’s Benefits Review Board issued its first precedential case of 2018. Miller v. Pine Branch Coal Sales, Inc., No. 18-0323…

Supreme Court Ruling Threatens More Delays in Black Lung Cases (Lucia v. SEC)

Yesterday, the U.S. Supreme Court issued a major decision that threatens many more delays in federal black lung cases. On its surface, the issue in Lucia…

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…

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…

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…

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Today, the U.S. Court of Appeals for the Fourth Circuit issued an unpublished decision in the black lung benefits claim of Ted Latusek.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

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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…

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…

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…

Published Board Decision: A Coal Miner’s Award of Benefits Does Not Need to Come Before His Death for a Survivor to be Automatically Entitled to Benefits under § 932(l) (Ferguson v. Oak Grove Resources, LLC)

On August 7, 2017, the Benefits Review Board issued a published decision (available here) concerning the “automatic entitlement” provision at 30 U.S.C. § 932(l). The Board rejected…