Legal Opinion
Peabody Coal Co. v. Ferguson
Court of Appeals for the Sixth Circuit
Decided April 1, 1998No. 97-3050Published
1Opinion of the CourtClay, J., joined by Cole, J.,
RYAN, J. (p. 637), delivered a separate concurring opinion.
OPINION
CLAY, Circuit Judge.
Petitioners, Peabody Coal Company (“Peabody”) and Old Republic Insurance Company, appeal the decision of the Administrative Law Judge (“ALJ”) Charles Rippey granting black lung benefits to respondent, Marvin Ferguson (“Ferguson”). The Benefits Review Board of the Department of Labor (“Board”) affirmed the ALJ’s decision. For the reasons set forth below, we REVERSE the Board’s order and REMLAND for further proceedings.
I
On April 25, 1979, Ferguson filed a claim under the Black Lung Benefits Act (the “Act”), 30…
2Cases cited5 opinions
- Johnnie York v. Benefits Review Board Director, Office of Workers' Compensation Programs United States Department of LaborCourt of Appeals for the Sixth Circuit · 1987
- Peabody Coal Co. v. GreerCourt of Appeals for the Sixth Circuit · 1995
- Harlan Bell Coal Co. And Old Republic Insurance Company v. Dewey LemarCourt of Appeals for the Sixth Circuit · 1990
- Cal-Glo Coal Co. v. YeagerCourt of Appeals for the Sixth Circuit · 1997
- Peabody Coal Co. v. WhiteCourt of Appeals for the Sixth Circuit · 1998