Legal Opinion

Edward R. Dowd v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Third Circuit

Decided June 3, 1988No. 87-3535PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The sole issue in this appeal from an order denying black lung benefits is whether the petitioner is a “miner” within the meaning of the Black Lung Benefits Act (the Act). 30 U.S.C. § 901 et seq. (1982). We conclude that he is. Accordingly, we will grant the petition for review.

Benefits under the Act may be awarded only to “miners” and their surviving dependents. 30 U.S.C. § 901 (1982). The following statutory definitions are relevant to identifying the intended beneficiaries:(d) The term “miner” means any individual who works or has worked in or…

2Cases cited6 opinions

  1. Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
  2. Ray Marshall, Secretary of Labor, United States Department of Labor v. Stoudt's Ferry Preparation CompanyCourt of Appeals for the Third Circuit · 1979
  3. Stroh v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1987
  4. Eplion v. Director, Office of Workers' Compensation Programs, Division of Coal Mine Workers' CompensationCourt of Appeals for the Fourth Circuit · 1986
  5. Cornelius Foreman v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1986

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

3Cited by5 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Ziegler Coal Company and Hazel WheelerCourt of Appeals for the Seventh Circuit · 1988
  2. Rita J. Mitchell v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Old Ben Coal CompanyCourt of Appeals for the Seventh Circuit · 1988
  3. Shamokin Filler Co. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Third Circuit · 2014
  4. Pennsylvania Electric Company v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1992
  5. Pennsylvania Electric Company v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1992

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