Peabody Coal Co. v. Director, Office of Workers' Compensation Programs
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
PREGERSON, Circuit Judge:
In 2000, Robert Opp (“Opp”) filed a disability benefits claim against Peabody Coal Company (“Peabody”) under the Black Lung Benefits Act of 1972. 30 U.S.C. § 901(a). Opp, a coal miner for nearly forty years, smoked for over fifty years. In the mid-1990s, Opp began suffering from chronic obstructive pulmonary disease (“COPD”). Opp alleged that his COPD arose out of his employment as a coal miner. When a claimant proves total disability due to either clinical pneumoco-niosis or legal pneumoconiosis, the claimant is eligible for benefits under the Black Lung…
2Cases cited14 opinions
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- Home Concrete & Supply, LLC v. United StatesCourt of Appeals for the Fourth Circuit · 2011
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