Road-Construction Driller Awarded Federal Black Lung Benefits (Pennington v. Director, OWCP)
Most black lung claims are based on work that is undebatably in a coal mine. However, some individuals end up with breathing problems and attribute it…
Fourth Circuit Summarily Affirms Three Black Lung Awards (McElroy Coal Co. v. Director, OWCP [Wnek], McElroy Coal Co. v. Director, OWCP [Kennedy] & Consolidation Coal Co. v. Varner)
In the past week, the U.S. Court of Appeals for the Fourth Circuit summarily affirmed awards of federal black lung benefits to two coal miners. These…
Tenth Circuit Affirms ALJ’s Use of Preamble in Awarding Black Lung Benefits (Blue Mountain Energy v. Director, OWCP [Gunderson])
On Friday, November 13, 2015, the U.S. Court of Appeals for the Tenth Circuit issued a published decision in Blue Mountain Energy v. Director, OWCP [Gunderson…
Fourth Circuit Rejects Constitutional Arguments Against Miner’s Black Lung Benefits Award in a Subsequent Claim (Eastern Associated Coal Corp. v. Director, OWCP [Toler])
On November 6, 2015 in Eastern Associated Coal Corp. v. Director, OWCP [Toler], 805 F.3d 502 (4th Cir. 2015) (slip opinion available here), the U.S. Court…
Charleston Gazette-Mail Article on Ted Latusek, Miner Featured in Pulitzer-Prize Winning Story Who Is Still Fighting for Black Lung Benefits After 21 Years
A week and a half ago, the Charleston Gazette-Mail ran a well-done article about Ted Latusek, a West Virginia coal miner whose struggle for black lung…
Audio of Don Blankenship: “Black Lung Is Not an Issue in This Industry that Is Worth the Effort”
Among the many exhibits that are being made public in the trail of former Massey Coal CEO Don Blankenship, is audio of a call in which…
History Article on Early 20th Century Black Lung: “‘Buying brains and experts’: British Coal Owners, Regulatory Capture and Miners’ Health, 1918 – 1946”
The peer-reviewed academic journal Labor History has published an article about the history of black lung in the UK from the period of 1918 to 1946. …
Fourth Circuit Grants Rehearing of Its Prior Affirmance, Vacates ALJ’s Award of Benefits (Coastal Coal Corp. v. Director, OWCP [Miller])
In an interesting (but opaque) unpublished decision from earlier this week, the U.S. Court of Appeals for the Fourth Circuit has changed course in a case…
Supreme Court Denies Review of Widow’s Black Lung Benefits Award Under § 932(l) (Peabody Coal Co. v. Director, OWCP [Hill])
Yesterday, the U.S. Supreme Court denied review in a black lung case that Peabody Coal asked the Court to review. In Peabody Coal Co. v. Director,…
Johns Hopkins Will Not Reopen Black Lung Program
The Center for Public Integrity reports today that Johns Hopkins terminated its black lung program following criticism brought on by the Center for Public Integrity/ABC News…