2019 Black Lung Benefits Stuck at 2018 Rates
It’s almost March 2019 and coal miners and their families who receive federal black lung benefits are still waiting on the annual increase in benefits that…
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…
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…
Federal Black Lung Benefits Rates for 2018: Benefits Increase By 1.4%
Recently the U.S. Department of Labor increased by 1.4% the modest amount of money that disabled coal miners and their families who receive federal black lung…
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…
Tenth Circuit Affirms Miner’s Black Lung Award Holding Coal-Mine Dust and Cigarette Smoke Are Additive (Energy West Mining Co. v. The Estate of Morris E. Blackburn )
Today, the U.S. Court of Appeals for the Tenth Circuit issued a published opinion affirming a coal miner’s award of federal black lung benefits. In Energy…
Detailed Smithsonian.com Article: “Why Black Lung Disease Is Deadlier Than Ever Before”
A couple days ago, Smithsonian.com published a detailed article about the recent resurgence of black lung. The well-done article, titled “Why Black Lung Disease Is Deadlier…
Sixth Circuit Affirms Miner’s Black Lung Award: ALJ’s Finding of “Substantial” Smoking History Sufficient Explanation (Grayson Coal & Stone Co. v. Teague)
This week the U.S. Court of Appeals for the Sixth Circuit affirmed a coal miner’s award of benefits in an unpublished decision, Grayson Coal & Stone…