Glen Coal Co. v. Seals

I agree with the court’s determination that the Doris Coal presumption does not apply in this circuit, and that we should remand the case. However, I write separately to voice my disagreement with the dissent’s analysis, and to express some divergence from Judge Dowd’s analysis.

I

Judge Dowd’s opinion asks whether Doris Coal shifts only the burden of production or also the burden of persuasion, and whether Doris Coal is consistent with the Black Lung Benefits Act. I believe that this analysis is not required to determine that Doris Coal is inconsistent with the law of this circuit, and I would…