Director, Office of Workers' Compensation Programs v. Greenwich Collieries
Supreme Court of the United States
1Opinion of the CourtJustice O’Connor
In adjudicating benefits claims under the Black Lung Benefits Act (BLBA), 83 Stat. 792, as amended, 30 U. S. C. § 901 et seq. (1988 ed. and Supp. IV), and the Longshore and Harbor Workers’ Compensation Act (LHWCA), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., the Department of Labor applies what it calls the “true doubt” rule. This rule essentially shifts the burden of persuasion to the party opposing the benefits claim — when the evidence is evenly balanced, the benefits claimant wins. This litigation presents the question whether the rule is consistent with § 7(c) of the…
Also in this document: Dissent.
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