Legal Opinion
Falcon Coal Company, Inc. v. Corbett Clemons
Court of Appeals for the Sixth Circuit
Decided April 26, 1989No. 88-3235PublishedCited by 13 opinions
1Opinion of the Court
WELLFORD, Circuit Judge.
This black lung case involves the interesting question of whether a night watchman at a strip mine is a “miner” as defined in the Black Lung Benefits Act. Three cases examining this issue have held that watchmen are not miners under the circumstances demonstrated. The panel believes that the regulations support this conclusion. We therefore reverse the Benefits Review Board, which decided this claim to the contrary, and remand for further proceedings consistent with this opinion. Disposition of other issues is settled by the resolution of this question.
On October 3,…
2Cases cited17 opinions
- Mills Music, Inc. v. SnyderSupreme Court of the United States · 1985
- Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
- Amigo Smokeless Coal Company v. Director, Office of Workers' Compensation Programs, U. S. Dept. Of Labor, and Clarence BowerCourt of Appeals for the Fourth Circuit · 1981
- Harold Zimmerman v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1989
- John M. Knuckles v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elliot Coal Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1994
- Saginaw Mining Company v. George L. FerdaCourt of Appeals for the Sixth Circuit · 1989
- Elliot Coal Mining Company, Inc. v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1994
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Consolidation Coal Company and William PetraccaCourt of Appeals for the Sixth Circuit · 1989
- Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. ProgramsCourt of Appeals for the Tenth Circuit · 2019
8 more not listed; retrieve them via the Exa API.