Freeman United Coal Mining Co. v. Cooper

I agree with the majority that the opinions of both Dr. Vest and Dr. Singh support the finding that Mr. Cooper had black lung disease and the award of living miner’s benefits. However, in light of the record and the prior decisions of this and other courts, I disagree with the majority’s rejection of Dr. Martin’s opinion that black lung disease was a contributing cause of Mr. Cooper’s death, and with its determination that widow’s benefits must be denied.

The issue, as the majority recognizes, is whether Dr. Martin’s opinion is a “reasoned medical opinion.” The majority finds that Dr. Martin…