Legal Opinion

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

Court of Appeals for the Ninth Circuit

Decided April 1, 2014No. 12-70535PublishedCited by 6 opinions

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

  1. Wyeth v. LevineSupreme Court of the United States · 2009
  2. Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
  3. National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
  4. Harman Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2012
  5. Home Concrete & Supply, LLC v. United StatesCourt of Appeals for the Fourth Circuit · 2011

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3Cited by6 opinions

  1. Peabody Twentymile Mining v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 2019
  2. Blue Mountain Energy v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Tenth Circuit · 2015
  3. Wilgar Land Co. v. OWCPCourt of Appeals for the Sixth Circuit · 2023
  4. American Energy, LLC v. DOWCPCourt of Appeals for the Fourth Circuit · 2024
  5. Carpentertown Coal & Coke Co v. Director OWCPCourt of Appeals for the Third Circuit · 2015

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