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Sterling Smokeless Coal Company v. Tammy Akers Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fourth Circuit

Decided December 17, 1997No. 97-1073PublishedCited by 737 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge RUSSELL and Senior Judge CAMPBELL joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner appeals from a decision of the Benefits Review Board affirming an ALJ’s award of survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because the ALJ failed to consider relevant and material evidence, we vacate and remand the case for further proceedings.

I

Respondent William E. Akers was laid off by petitioner Sterling Smokeless in 1982. In April 1984, two years after his employment with Sterling…

2Cases cited7 opinions

  1. Joseph D. Arnold v. Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1977
  2. Bernie Adkins v. Director, Office of Workers' Compensation Programs, United States Department of Labor West Virginia Coal Workers' Pneumoconiosis FundCourt of Appeals for the Fourth Circuit · 1992
  3. Amax Coal Company v. Ruby Beasley, Widow of Robert v. Beasley, and Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1992
  4. Sahara Coal Company v. John B. Fitts and Director, Office of Workers' Compensation Programs, Department of LaborCourt of Appeals for the Seventh Circuit · 1994
  5. Peabody Coal Co. v. HelmsCourt of Appeals for the Seventh Circuit · 1990

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

3Cited by737 opinions

  1. National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
  2. Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
  3. 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
  4. Sea "B" Mining Company v. Shirley AddisonCourt of Appeals for the Fourth Circuit · 2016
  5. Virginia Metronet, Inc. v. BD. OF SUPERVISORS OF JAMES CITY CTY., VIRGINIADistrict Court, E.D. Virginia · 1998

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

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