Legal Opinion
West Virginia CWP Fund v. Page Bender, Jr.
Court of Appeals for the Fourth Circuit
Decided April 2, 2015No. 12-2034PublishedCited by 30 opinions
1Opinion of the Court
Petition for review denied by published opinion. Judge KEENAN wrote the opinion, in which Judge FLOYD and Judge HARRIS joined.
BARBARA MILANO KEENAN, Circuit Judge:
In this appeal, we consider the validity of an administrative regulation and its evidentiary standard under which coal mine operators may rebut a presumption of disability that otherwise qualifies certain coal miners for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 through 945. Logan Coals, Inc. 1 (the operator) seeks review of a decision of the Benefits Review Board affirming an administrative law judge’s (ALJ)…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Lorillard v. PonsSupreme Court of the United States · 1978
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hobet Mining, LLC v. Carl Epling, Jr.Court of Appeals for the Fourth Circuit · 2015
- Westmoreland Coal Company v. Herskel StallardCourt of Appeals for the Fourth Circuit · 2017
- West Virginia CWP Fund v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2018
- Consolidation Coal Co v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 2017
- Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2015
25 more not listed; retrieve them via the Exa API.