Legal Opinion
Bethenergy Mines Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Frank R. Markovich
Court of Appeals for the Third Circuit
Decided August 4, 1988No. 88-3021PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Chief Judge:
This petition for review of an order of the Benefits Review Board of the Department of Labor awarding attorneys fees presents two questions for decision. Both questions involve interpretation of 33 U.S. C. § 928 (1982) and its implementing regulation, 20 C.F.R. § 725.367 (1987). First, where a coal mine operator receives an initial determination by a deputy commissioner that a claimant is not eligible for Black Lung benefits, is informed that the claimant disputes this initial determination, and files a controversion of the claim, has the operator…
2Cases cited6 opinions
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Overseas African Construction Corp. v. McMullenCourt of Appeals for the Second Circuit · 1974
- Republic Steel Corporation v. U. S. Department of Labor, Director, Office of Workers' Compensation Programs and Helen HromyakCourt of Appeals for the Third Circuit · 1978
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Opal Bivens, George HillCourt of Appeals for the Sixth Circuit · 1985
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Lennis SimmonsCourt of Appeals for the Fourth Circuit · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Mining Ass'n v. ChaoDistrict Court, District of Columbia · 2001
- Northeast Women's Center v. McmonagleCourt of Appeals for the Third Circuit · 1989
- Northeast Women's Center v. McMonagleCourt of Appeals for the Third Circuit · 1989
- Day v. James Marine IncCourt of Appeals for the Sixth Circuit · 2008
- Day v. James Marine, Inc.Court of Appeals for the Sixth Circuit · 2008
2 more not listed; retrieve them via the Exa API.