Legal Opinion
Mingo Logan Coal Company v. Erma Owens
Court of Appeals for the Fourth Circuit
Decided July 31, 2013No. 11-2418PublishedCited by 17 opinions
1Opinion of the Court
Petition for review denied by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DAVIS and Judge DIAZ joined. Judge NIEMEYER wrote a separate concurring opinion.
NIEMEYER, Circuit Judge:
After nearly 30 years of coal mine employment, Dallas Owens became totally disabled because of breathing difficulties, and in April 2008, he filed a claim for black lung benefits. An Administrative Law Judge (“ALJ”) found that Owens’ claim triggered the rebuttable presumption for benefits under 30 U.S.C. § 921(c)(4), available to miners who are totally disabled and have worked 15 years or more…
2Cases cited7 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
- Westmoreland Coal Company v. Jarrell CochranCourt of Appeals for the Fourth Circuit · 2013
- Harman Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hobet Mining, LLC v. Carl Epling, Jr.Court of Appeals for the Fourth Circuit · 2015
- West Virginia CWP Fund v. Page Bender, Jr.Court of Appeals for the Fourth Circuit · 2015
- Antelope Coal Co./Rio Tinto Energy America v. GoodinCourt of Appeals for the Tenth Circuit · 2014
- Helen Mining Co v. James Elliott, Sr.Court of Appeals for the Third Circuit · 2017
- Island Creek Coal Company v. Jerry BlankenshipCourt of Appeals for the Fourth Circuit · 2024
12 more not listed; retrieve them via the Exa API.