Jim Walter Resources, Inc. v. Edward Allen Director, Office of Workers Compensation Programs, United States Department of Labor

The rights of a coal miner to receive damages from his employer for pneumoconiosis (lung disease) are in dispute. The Administrative Law Judge (“ALJ”) granted respondent miner benefits. The Benefits Review Board (“Board”) affirmed this decision on appeal. Because we conclude that such relief was justified, we AFFIRM.

I. Facts and Background

Edward Allen (“Allen”) worked as a maintenance foreman and supervisor in a coal mine for Jim Walter Resources, Inc., (“JWR”) from early 1984 to early 1986. Allen experienced breathing difficulties towards the end of this time. JWR laid Alen off in March…