Legal Opinion

Energy W. Mining Co. v. Lyle Ex Rel. Lyle

Court of Appeals for the Tenth Circuit

Decided July 9, 2019No. 18-9537PublishedCited by 9 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

Mr. James Lyle worked as a coal miner for roughly 28 years. After retiring, he sought benefits under the Black Lung Benefits Act. See 30 U.S.C. § 901 et seq . An administrative law judge concluded that Mr. Lyle was entitled to benefits, and the U.S. Department of Labor's Benefits Review Board affirmed. Energy West has filed a petition for review of the Board's decision.

We reject most of Energy West's arguments but agree with its challenge to the administrative law judge's analysis of an opinion by Dr. Joseph Tomashefski, Jr. In this analysis, the judge discounted Dr.…

2Cases cited14 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Lucia v. SECSupreme Court of the United States · 2018
  3. Hamlin v. BarnhartCourt of Appeals for the Tenth Circuit · 2004
  4. Jones Brothers, Inc. v. Sec'y of LaborCourt of Appeals for the Sixth Circuit · 2018
  5. Felipe Gustavo Rivera-Zurita v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 1991

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3Cited by9 opinions

  1. Andrew Cirko v. Commissioner Social SecurityCourt of Appeals for the Third Circuit · 2020
  2. Carr v. Commissioner, SSACourt of Appeals for the Tenth Circuit · 2020
  3. Budri v. ARBCourt of Appeals for the Fifth Circuit · 2021
  4. David Stanley Consultants v. Director Office of Workers ComCourt of Appeals for the Third Circuit · 2020
  5. Energy West Mining Company v. SchilppCourt of Appeals for the Tenth Circuit · 2025

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