Legal Opinion

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

Court of Appeals for the Seventh Circuit

Decided June 27, 2013No. 11-3637PublishedCited by 4 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

This is a case about a black lung benefits claim. The main issue is the application of the recently revived “15-year presumption” that the total pulmonary or respiratory impairment of a coal worker with 15 years experience in the mines is due to pneumoconiosis (commonly known as “black lung”) for the purposes of the Black Lung Benefits Act (the Act). 30 U.S.C. §§ 901 et seq.

The Act was enacted in 1972 as an amendment to the Health and Safety Act to compensate coal miners who were totally disabled due to pneumoconiosis. See Usery v. Turner Elkhorn Mining Co., 428 U.S. 1,…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  3. Lisa Lee Mines (Terrilynne Coal Company) v. Director, Office of Workers' Compensation Programs, United States Department of Labor Alva RutterCourt of Appeals for the Fourth Circuit · 1996
  4. Willard M. Toler v. Eastern Associated Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
  5. Peabody Coal Co. v. SpeseCourt of Appeals for the Seventh Circuit · 1997

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Consolidation Coal Co v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 2017
  2. Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2015
  3. Consolidation Coal Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 2013
  4. Consolidation Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2013

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