Legal Opinion

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

Court of Appeals for the Tenth Circuit

Decided July 25, 2017No. 16-9524PublishedCited by 14 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Consolidation Coal (“Consolidation”) seeks review of a decision by the Department of Labor (“DOL”) awarding surviv- or’s ' benefits to Judy Noyes under the Black Lung Benefits Act (“BLBA”), 30 U.S.C. §§ 901-944. The administrative law judge (“ALJ”) assigned to the case determined that Mrs, Noyes was entitled to a statutory presumption that the death of her husband, James Noyes, resulted from his exposure to coal dust in underground coal mines. The ALJ further concluded that Consolidation failed to rebut that presumption by showing either that Mr, Noyes did not suffer…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Lorillard v. PonsSupreme Court of the United States · 1978
  3. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  4. Bruesewitz v. Wyeth LLCSupreme Court of the United States · 2011
  5. Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984

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3Cited by14 opinions

  1. Island Creek Coal Co. v. Larry YoungCourt of Appeals for the Sixth Circuit · 2020
  2. Spring Creek Coal Co. v. McLean Ex Rel. McLeanCourt of Appeals for the Tenth Circuit · 2018
  3. Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. ProgramsCourt of Appeals for the Tenth Circuit · 2019
  4. Consolidation Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2018
  5. Sunnyside Coal Company v. OWCPCourt of Appeals for the Tenth Circuit · 2024

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

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