Legal Opinion

Elliot Coal Mining Co. v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Third Circuit

Decided February 9, 1994No. 92-3385PublishedCited by 50 opinions

1Opinion of the Court

OPINION OF THE COURT

HÜÍCHINSON, Circuit Judge.

Elliot Coal Mining Company (“Elliot”) petitions for review of an order of the United States Department of Labor Benefits Review Board (“Board”). The ultimate question in this case is whether Elliot or the Black Lung Disability Trust Fund (the “Trust Fund”), financed by an excise tax on coal, must pay black lung benefits due Metro Kovalchick (“Kovalchick” or “claimant”) and sixteen other miners who once worked in Elliot’s mines.1 The threshold issue is whether that *620question is one of law or fact. The Board, contrary to an administrative law judge’s…

2Cases cited32 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  4. Helvering v. GowranSupreme Court of the United States · 1937
  5. Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991

27 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. United States v. Schottenstein, Zox & Dunn (In Re Unitcast, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. Elliot Coal Mining Company, Inc. v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1994
  3. Barbara J. Bundens, (Widow of Howard E. Bundens), (No. 94-3163) v. J.E. Brenneman Company Travelers Insurance Company and Director, Office of Workers' Compensation Programs, United States Department of Labor, J.E. Brenneman Company and Travelers Insurance Company, (No. 94-3175) v. Barbara J. Bundens (Widow of Howard E. Bundens) and Director, Office of Workers' Compensation Programs, United States Department of Labor Benefits Review BoardCourt of Appeals for the Third Circuit · 1995
  4. Brooklyn Bridge Park Coalition v. Port Authority of New York & New JerseyDistrict Court, E.D. New York · 1997
  5. Demko v. United StatesUnited States Court of Federal Claims · 1999

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