Legal Opinion · Dissent

Consolidation Coal Company v. Arthur O. Held Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fourth Circuit

Decided December 20, 2002No. 99-2507Published

1DissentGregory, Circuit Judge

Consol disputes the ALJ’s determination that Arthur 0. Held, a coal miner for nearly forty years, is entitled to benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. There is no doubt that Held suffers from severe, pulmonary-related illnesses. Medical experts disagree, however, on the cause of his condition. Some doctors believe that Held’s disability is due solely to his forty-year history as a pack-a-day smoker. Others conclude that both his smoking and his decades of work in the coal mines are responsible.

In a thirty-seven page opinion, the ALJ considered all of the…

2Cases cited10 opinions

  1. Jackie L. HAYS, Jr., Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1990
  2. Charles M. Laws v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1966
  3. Patricia A. Mastro v. Kenneth S. Apfel, Commissioner of Social Security, NoCourt of Appeals for the Fourth Circuit · 2001
  4. Mary Ruth Smith v. Shirley S. Chater, Commissioner of Social SecurityCourt of Appeals for the Fourth Circuit · 1996
  5. Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998

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