Legal Opinion

Pauline D. Rose (Widow of Charlie C. Rose) v. Clinchfield Coal Company

Court of Appeals for the Fourth Circuit

Decided February 6, 1980No. 79-1187PublishedCited by 31 opinions

1Opinion of the Court

ALBERT V. BRYAN, Senior Circuit Judge:

Petitioner, Pauline D. Rose, seeks the reversal of a decision by the United States Department of Labor, Benefits Review Board (the Board) denying her compensation under the Black Lung Benefits provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 901 et seq. (the Act).

In its January 31, 1979, decision, the Board (one member dissenting) vacated the Hearing Officer’s previous finding that petitioner .was entitled to an award; the Board rejected her claim on the ground that her deceased husband’s disability and death…

2Cases cited3 opinions

  1. Mary R. Wheatley v. Herman Adler, Deputy Commissioner, United States Department of Labor Bureau of Employees' CompensationCourt of Appeals for the D.C. Circuit · 1968
  2. Treadway v. CalifanoCourt of Appeals for the Fourth Circuit · 1978
  3. Clinchfield Coal Company v. Verba C. Fleming, Widow of Jack C. Fleming, and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1979

3Cited by31 opinions

  1. Bethlehem Mines Corp. v. MasseyCourt of Appeals for the Fourth Circuit · 1984
  2. Alabama By-Products Corporation v. Charles B. Killingsworth, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1984
  3. Hobet Mining, LLC v. Carl Epling, Jr.Court of Appeals for the Fourth Circuit · 2015
  4. Frank J. Carozza v. United States Steel Corporation and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1984
  5. West Virginia CWP Fund v. Page Bender, Jr.Court of Appeals for the Fourth Circuit · 2015

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