Blue Mountain Energy v. Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRISCOE, Circuit Judge.
Blue Mountain Energy (Blue Mountain) petitions for review of a Benefits Review Board (the Board) decision affirming an award of black lung benefits to Terry Gun-derson. An administrative law judge (ALJ) originally denied benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. §§ 901-945, and Gunderson appealed to the Board and then to this court. We remanded for further proceedings because the ALJ did not sufficiently explain the basis for the denial. See Gunderson v. U.S. Dep’t of Labor, 601 F.3d 1013, 1027 (10th Cir.2010) (Gunderson I). The ALJ again denied…
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