Energy West Mining Co. v. Oliver

GORSUCH, Circuit Judge.

This is a petition to review the judgment of the Department of Labor’s Benefits Review Board. The Board upheld retired miner John Oliver’s claim to black lung benefits from his longtime employer, Energy West Mining Company. Energy West’s petition asserts two grounds for relief. First, it claims the Board’s benefits award is not supported by substantial evidence. Second, Energy West argues that its liability to Mr. Oliver should be transferred to the Black Lung Disability Trust Fund — that is, to the government — because the government destroyed the records associated…