Legal Opinion

Director, Office of Workers' Compensation Programs v. Leckie Smokeless Coal Co.

Court of Appeals for the Fourth Circuit

Decided June 1, 1979No. Nos. 78-1593, 78-1758, 78-1802 and 78-1843PublishedCited by 3 opinions

1Per curiam

The sole issue in these four cases is whether successful applicants for black lung benefits whose employment in coal mines terminated prior to 1970 may recover their attorneys’ fees from the Black Lung Disability Trust Fund. We hold that they may and deny the petitions for review filed by the Director of the Office of Workers’ Compensation Programs.

Lester E. Bennett, John D. Dotson, Morris Hoskins, and Clarence McNeil were all employed in coal mines for substantial periods, but none of them worked in a coal mine after 1963. Each filed a timely application seeking benefits under Title IV of…

2Cases cited2 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Republic Steel Corporation v. U. S. Department of Labor, Director, Office of Workers' Compensation Programs and Helen HromyakCourt of Appeals for the Third Circuit · 1978

3Cited by3 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Opal Bivens, George HillCourt of Appeals for the Sixth Circuit · 1985
  2. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Lennis SimmonsCourt of Appeals for the Fourth Circuit · 1983
  3. Director, Office of Workers' Compensation Programs v. Leckie Smokeless Coal Company (Employer) and Lester E. Bennett (Claimant), Director, Office of Workers' Compensation Programs v. Clinchfield Coal Company (Employer) and John D. Dotson (Claimant), Director, Office of Workers' Compensation Programs v. Clinchfield Coal Company (Employer) and Clarence McNeil (Claimant), Director, Office of Workers' Compensation Programs v. Eastern Associated Coal Corporation (Employer) and Morris Hoskins (Claimant)Court of Appeals for the Fourth Circuit · 1979

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