DOL and NIOSH Create B-Reader Quality Assurance Program
Important news in the black lung benefits system: The federal government has created an interagency program to revoke the “B-Reader” certification of biased physicians. Background NIOSH’s…
Congressmen Introduce Black Lung Benefits Improvement Act of 2015
Yesterday in the House and Senate, members of Congress introduced the Black Lung Benefits Improvement Act of 2015. The bill numbers are H.R. 3625 and S.2096.…
Fourth Circuit Reverses Board on Substantial Evidence, Finds Doctor’s Opinion Insufficient to Support Finding that Coal-Mine Dust Caused Miner’s COPD (W. Va. CWP Fund v. Mullins)
On September 10, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a decision that did two things that are rare in black lung…
Third Circuit Affirms Denial of Widow’s Claims as Supported by Substantial Evidence (Padagomas v. Director, OWCP)
Last week, the U.S. Court of Appeals for the Third Circuit affirmed the denial of a widow’s claim and the claim that the miner filed before…
Fourth Circuit Case Affirming Benefits for Unrepresented Widow Demonstrates Delays and Lack of Adequate Representation for Black Lung Claimants (West Virginia CWP Fund v. Loudermilk)
Last week, the U.S. Court of Appeals for the Fourth Circuit summarily affirmed the decisions awarding benefits to Valla Jean Loudermilk and her deceased husband Harold…
Third Circuit Affirms Surface Miner’s Award of Benefits as Supported by Substantial Evidence (PBS Coals, Inc. v. Director, OWCP [Davis])
Somewhat similar to the recent Sixth Circuit decision covered yesterday, last week the U.S. Court of Appeals for the Third Circuit also affirmed a surface miner’s…
Sixth Circuit Affirms Surface Miner’s Award of Benefits, Rejecting Arguments Related to the Fifteen-year Presumption (Premium Coal Co. v. Director, OWCP [Byrge])
Last week, the U.S. Court of Appeals for the Sixth Circuit affirmed a surface miner’s award of federal black lung benefits in Premium Coal Co. v.…
ACLC Submits Comments in Support of DOL’s Proposed Medical Disclosure Rule for Black Lung Claims
Earlier this week, Appalachian Citizens’ Law Center, the nonprofit law center that publishes this blog and represents claimants in black lung benefits claims, submitted comments in…
Judge Rules that Part 90 Miners Have Right Against Reductions in Pay, Even if the Company Didn’t Know that the Miner Was Seeking Part 90 Status (McGlothlin v. Dominion Coal Corp.)
On June 11, 2015, an administrative law judge with the Federal Mine Safety & Health Review Commission issued a decision that is favorable to miners with…
Sixth Circuit Rejects Company’s Arguments Against 2013 Amendments to Black Lung Regulations, Affirming Award of Benefits (Brandywine Explosives & Supply v. Director, OWCP [Kennard])
On Monday, the U.S. Court of Appeals for the Sixth Circuit affirmed a miner’s award of federal black lung benefits in a published decision (slip opinion…