Legal Opinion

Tussey v. Island Creek Coal Co.

Court of Appeals for the Sixth Circuit

Decided January 13, 1993No. 92-3032PublishedCited by 49 opinions

1Opinion of the Court

LIVELY, Senior Circuit Judge.

This is an appeal from a final decision of the Benefits Review Board (BRB) under the Black Lung Benefits Act, as amended, 30 U.S.C. §§ 901-945 (1988), and regulations of the Secretary of Labor promulgated pursuant to the Act. An administrative law judge (AU) found that a 68 year old former coal miner who had more than 39 years of qualifying coal mine employment, who had pneumoconiosis and was totally disabled, was not entitled to benefits because the claimant had failed to establish that the disability is of respiratory or pulmonary origin or is due to…

2Cases cited8 opinions

  1. Jesse Adams v. Director, OwcpCourt of Appeals for the Sixth Circuit · 1989
  2. Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
  3. Melvin Welch v. Benefits Review Board Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1986
  4. Harold Zimmerman v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1989
  5. In the Matter of Frank Bosco v. Twin Pines Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Tenth Circuit · 1989

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

3Cited by49 opinions

  1. National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
  2. Island Creek Coal Co. v. Jay WilkersonCourt of Appeals for the Sixth Circuit · 2018
  3. Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
  4. Sharondale Corp. v. RossCourt of Appeals for the Sixth Circuit · 1994
  5. Brown v. Rock Creek Mining Co.Court of Appeals for the Sixth Circuit · 1993

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

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