Legal Opinion

McCoy Elkhorn Coal Corporation v. Vernie Dotson

Court of Appeals for the Sixth Circuit

Decided May 3, 2013No. 12-3037Published

1Opinion of the Court

ORDER

On February 1, 2013, this court issued an order denying McCoy Elkhorn Coal Corporation’s petition for review of a decision of the Benefits Review Board based on Vision Processing, LLC v. Groves, 705 F.3d 551 (6th Cir.2013). McCoy Elkhorn filed a petition for rehearing, arguing that its case involved additional issues not addressed in Vision Processing, namely whether an award of benefits under the 2010 Black Lung Amendments, Pub.L. No. 111-148, § 1556(a)-(c), should commence the month the miner died. For the reasons that follow, we deny the petition for rehearing.

The relevant regulation…

2Cases cited2 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. Vision Processing, LLC v. Christie GrovesCourt of Appeals for the Sixth Circuit · 2013

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