Legal Opinion
Tennessee Consolidated Coal Company v. Jack Kirk and Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Sixth Circuit
Decided September 6, 2001No. 00-3316PublishedCited by 47 opinions
1Opinion of the Court
OPINION
BOGGS, Circuit Judge.
Petitioner Tennessee Consolidated Coal Co. (“TCC”) appeals a final decision of the Benefits Review Board (“the Board”) affirming an award to their former employee Jack Kirk, made .pursuant to the Black Lung Benefits Act, 30 U.S.C § 901 et seq. Kirk had sought and been denied these benefits three times before, beginning in 1979. TCC claims that Kirk’s fourth, successful, application was untimely. TCC also disputes that Kirk showed a “material change in condition” sufficient to overcome the preclusive effect of the prior denials. Finally, TCC argues that even if…
2Cases cited9 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Youghiogheny & Ohio Coal Co. v. WebbCourt of Appeals for the Sixth Circuit · 1995
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Quarto Mining Company Elba F. BellomyCourt of Appeals for the Sixth Circuit · 1990
- Lisa Lee Mines (Terrilynne Coal Company) v. Director, Office of Workers' Compensation Programs, United States Department of Labor Alva RutterCourt of Appeals for the Fourth Circuit · 1996
- Glen Coal Co. v. SealsCourt of Appeals for the Sixth Circuit · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Big Branch Resources, Inc. v. John OgleCourt of Appeals for the Sixth Circuit · 2013
- Dixie Fuel Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 2016
- Peabody Coal Co. v. Wilma J. Groves Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2002
- Westmoreland Coal Company v. Herskel StallardCourt of Appeals for the Fourth Circuit · 2017
- Consolidation Coal Company v. Billy D. Williams Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2006
42 more not listed; retrieve them via the Exa API.