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Dehue Coal Company v. Laymond Ballard Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fourth Circuit

Decided September 25, 1995No. 94-2369PublishedCited by 57 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined. Senior Judge BUTZNER wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

In this appeal we consider whether a coal miner, affected by simple pneumoconiosis1 but disabled by an unrelated respiratory condition, is “totally disabled due to pneumoconi-osis” within the meaning of 30 U.S.C. § 901(a) (1988). An administrative law judge (ALJ) determined that Laymond Ballard suffered from a totally disabling respiratory condition, but denied him black lung benefits because the ALJ…

2Cases cited9 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. Carl Shelton v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1990
  3. Darrell A. Doss v. Director, Office of Workers' Compensation Programs, United States Department of Labor Itmann Coal CompanyCourt of Appeals for the Fourth Circuit · 1995
  4. Clarence Hobbs v. Clinchfield Coal Company Director, Office of Workers Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
  5. Willard M. Toler v. Eastern Associated Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995

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

3Cited by57 opinions

  1. Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
  2. Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
  3. Piney Mountain Coal Co. v. MaysCourt of Appeals for the Fourth Circuit · 1999
  4. Lane Hollow Coal Company v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1998
  5. Underwood v. Elkay Mining, Inc.Court of Appeals for the Fourth Circuit · 1997

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

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