Legal Opinion

Consolidation Coal Co. v. McMahon

Court of Appeals for the Sixth Circuit

Decided March 11, 1996No. 95-3005PublishedCited by 32 opinions

1Opinion of the Court

MILBURN, Circuit Judge.

Employer Consolidation Coal Company petitions for review of decisions of the Benefits Review Board (“BRB”) awarding black lung benefits under the Black Lung Benefits Act (“Act”), 30 U.S.C. § 901 et seq., to Claimant Lawrence McMahon. On appeal, the issues are (1) whether the administrative law judge (“ALJ”) improperly found that the presumption of total disability due to pneumoconiosis was invoked by the x-ray evidence pursuant to 20 C.F.R. § 727.203(a)(1), (2) whether the ALJ improperly concluded that the employer *900had not rebutted the interim presumption of total…

2Cases cited32 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  4. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  5. Richardson v. United StatesCourt of Appeals for the Ninth Circuit · 1988

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3Cited by32 opinions

  1. Island Creek Coal Co. v. Melyndia BryanCourt of Appeals for the Sixth Circuit · 2019
  2. Dantran, Inc. v. U.S. Department of LaborCourt of Appeals for the First Circuit · 1999
  3. Peabody Coal Company Old Republic Insurance Company v. Arthur E. HillCourt of Appeals for the Sixth Circuit · 1997
  4. Bowling v. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1998
  5. Mabel Samons v. Nat'l Mines Corp.Court of Appeals for the Sixth Circuit · 2022

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