Legal Opinion

Black Diamond Coal Mining Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Eleventh Circuit

Decided September 25, 1996No. 94-6265PublishedCited by 14 opinions

Non-Argument Calendar.

1Per curiam

Black Diamond Coal Mining Company (“Black Diamond”) appeals the decision of the Benefits Review Board (“BRB”) awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 to 945 (1994) (“the Act”), and its accompanying regulations. See 20 C.F.R. pt. 718 (1996). The sole issue on appeal is whether Herman Mar-cum’s total pulmonary disability was due to pneumoconiosis. Because the BRB did not apply the proper causation standard, we vacate and remand.

I. Background

Herman Marcum, an Alabama coal miner last employed by Black Diamond, filed a claim for black lung disability…

2Cases cited6 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Jesse Adams v. Director, OwcpCourt of Appeals for the Sixth Circuit · 1989
  3. Pacific Insurance Company v. General Development Corp.Court of Appeals for the Eleventh Circuit · 1994
  4. Arthur Bonessa v. United States Steel Corp., and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party in InterestCourt of Appeals for the Third Circuit · 1989
  5. Mike Mangus v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Price River Coal Co.Court of Appeals for the Tenth Circuit · 1989

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

3Cited by14 opinions

  1. Sonya Hunter v. Social Security Administration, CommissionerCourt of Appeals for the Eleventh Circuit · 2015
  2. U.S. Steel Mining Company v. Director, OWCPCourt of Appeals for the Eleventh Circuit · 2004
  3. Peabody Coal Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 2013
  4. Emerald Shores Health Care Associates, LLC v. United States Department of Health & Human ServicesCourt of Appeals for the Eleventh Circuit · 2008
  5. Amanda Hosmer v. Frank Bisignano, Commissioner of Social SecurityDistrict Court, N.D. Alabama · 2025

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

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