Legal Opinion

Bradberry v. Director, Office of Workers' Compensation Programs

Court of Appeals for the Eleventh Circuit

Decided July 29, 1997No. 95-6900PublishedCited by 14 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

This petition for review of a decision and order of the Benefits Review Board (“BRB”) of the United States Department of Labor presents the first impression issue for this circuit of the proper legal standard for deciding whether a surviving spouse of a deceased coal miner has shown that the miner’s death was “due to” pneumoconiosis, or black lung disease, under 30 U.S.C. § 921(a) and 20 C.F.R. § 718.205(c). We also decide whether the BRB erred in affirming the administrative law judge’s (“ALJ’s”) denial of surviving spouse’s benefits under the Black Lung Benefits Act, 30…

2Cases cited12 opinions

  1. Chapman v. Sheridan-Wyoming Coal Co.Supreme Court of the United States · 1950
  2. Jewell Shuff, Widow of Paul Shuff v. Cedar Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1992
  3. Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1989
  4. Brown v. Rock Creek Mining Co.Court of Appeals for the Sixth Circuit · 1993
  5. William Brothers, Inc. v. Johnie Pate and the Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1987

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

3Cited by14 opinions

  1. Piney Mountain Coal Co. v. MaysCourt of Appeals for the Fourth Circuit · 1999
  2. Andersen v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 2006
  3. U.S. Steel Mining Company v. Director, OWCPCourt of Appeals for the Eleventh Circuit · 2004
  4. Consolidation Coal Co v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 2017
  5. National Mining Ass'n v. ChaoDistrict Court, District of Columbia · 2001

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

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