Legal Opinion

Barber v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fourth Circuit

Decided January 10, 1995No. 93-1833PublishedCited by 9 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge K.K. HALL wrote the opinion, in which Judge WIDENER and Senior Judge CHAPMAN joined.

OPINION

K.K. HALL, Circuit Judge:

Eva Barber petitions for review of an order of the Department of Labor’s Benefits Review Board (BRB) denying her claim for her deceased husband’s black lung benefits. We reverse and remand with instructions to award benefits.

I

Lawrence Barber filed a claim for black lung benefits in 1973. The claim was denied because Barber was still working in the mines. On September 30, 1980, two months after he last worked, Barber filed a new…

2Cases cited10 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
  3. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Quarto Mining Company Elba F. BellomyCourt of Appeals for the Sixth Circuit · 1990
  4. Old Ben Coal Company v. Elmer H. Luker and the Director, Office of Workers' Compensation Programs, and United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
  5. Jewell Shuff, Widow of Paul Shuff v. Cedar Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1992

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3Cited by9 opinions

  1. Island Creek Coal Co. v. Larry YoungCourt of Appeals for the Sixth Circuit · 2020
  2. Consolidation Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2018
  3. Betty B Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor Art Stanley, Betty B Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor Art StanleyCourt of Appeals for the Fourth Circuit · 1999
  4. Consolidation Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2018
  5. Consolidation Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2018

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