Legal Opinion

Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review Board

Court of Appeals for the Sixth Circuit

Decided November 26, 1984No. 83-3408PublishedCited by 109 opinions

1Opinion of the Court

BOYCE F. MARTIN, Jr., Circuit Judge.

The question presented is whether the Benefits Review Board, an administrative tribunal within the Department of Labor, is vested with the adjudicatory authority to declare invalid a regulation of the Secretary of Labor. Additionally, we are asked to determine whether, if the Board has such power, that power was properly exercised in this case.

Lewis Gibas, a fifty-nine-year-old coal miner, petitions for review of a final decision by the Benefits Review Board, United States Department of Labor, denying him benefits under the Black Lung Benefits Act, 30…

2Cases cited27 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  5. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969

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

3Cited by109 opinions

  1. Island Creek Coal Co. v. Melyndia BryanCourt of Appeals for the Sixth Circuit · 2019
  2. Youghiogheny & Ohio Coal Co. v. WebbCourt of Appeals for the Sixth Circuit · 1995
  3. Ramey v. Kentland Elkhorn Coal Corp.Court of Appeals for the Sixth Circuit · 1985
  4. Jesse Adams v. Director, OwcpCourt of Appeals for the Sixth Circuit · 1989
  5. Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986

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

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