Legal Opinion

Spring Creek Coal Co. v. McLean Ex Rel. McLean

Court of Appeals for the Tenth Circuit

Decided February 5, 2018No. 17-9515PublishedCited by 8 opinions

1Opinion of the Court

BRISCOE, Circuit Judge.

Spring Creek Coal Company (Spring Creek) petitions for review of a decision by the Department of Labor (DOL) awarding survivors’ benefits to Susan McLean under the Black Lung Benefits Act (BLBA), 30 U.S.C. §§ 901-944. The DOL concluded that Bradford McLean, Mrs. McLean’s deceased husband, became disabled and died from his exposure to coal dust during the course of his employment at Spring Creek’s surface coal mine. Exercising jurisdiction pursuant to 33 U.S.C. § 921(c) and 30 U.S.C. § 932(a), we deny Spring Creek’s petition. 1

I

Factual background

Bradford McLean was born…

2Cases cited10 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. Harman Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2012
  4. Hobet Mining, LLC v. Carl Epling, Jr.Court of Appeals for the Fourth Circuit · 2015
  5. Consolidation Coal Company v. Louis Chubb, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1984

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

3Cited by8 opinions

  1. Zurich Am. Ins. Grp. v. Duncan Ex Rel. DuncanCourt of Appeals for the Sixth Circuit · 2018
  2. Energy W. Mining Co. v. Lyle Ex Rel. LyleCourt of Appeals for the Tenth Circuit · 2019
  3. Sunnyside Coal Company v. OWCPCourt of Appeals for the Tenth Circuit · 2024
  4. Anita Baldwin v. DOWCPCourt of Appeals for the Fourth Circuit · 2026
  5. Energy West Mining Company v. SchilppCourt of Appeals for the Tenth Circuit · 2025

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

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