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

ORDER

After working as a coal miner for more than 37 years, Robert Tanner took early retirement in 1985. He enjoyed his freedom, filling his time by playing golf, fishing, gardening, and traveling. But his fun was soon tempered when he began having trouble breathing. Over time, Tanner’s respiratory problems worsened, and by 1997 he could walk no more than a half of a block before becoming short of breath.

This appeal arises out of a dispute about the cause of Tanner’s lung problems. Both sides agree that his longtime smoking habit played a part, but Tanner says pneumoconiosis, resulting from…