Legal Opinion
Bernice Van Dyke v. Missouri Mining, Inc
Court of Appeals for the Eighth Circuit
Decided March 7, 1996No. 95-2259PublishedCited by 1 opinion
1Opinion of the Court
DIANA E. MURPHY, Circuit Judge.
Bernice Van Dyke, widow of coal miner James Van Dyke, petitions for review of an order by the Benefits Review Board of the Department of Labor (BRB) affirming the denial of benefits by an Administrative Law Judge (ALJ) under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945.
James Van Dyke spent 27 years working at coal mines. His last job was at Missouri Mining, Inc., where he shoveled coal at the coal tipple and helped regulate the water valves as a coal washer. In 1973, he began coughing up brown phlegm and having trouble breathing when he walked. He stopped…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Everette C. Phillips v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Eighth Circuit · 1985
- Delores J. LONG, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1989
- Betty Yauk, Widow of Steve Yauk v. Director, Owcp, U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 1989
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3Cited by1 opinion
- Van Dyke v. Missouri Mining, Inc.Court of Appeals for the Eighth Circuit · 1996