Nowlin v. Eastern Associated Coal Corp.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This matter comes before the Court on (1) the motion of the defendant, Eastern Associated Coal Corporation (“Eastern”), to deny relief sought in assessment of a 20% penalty (Docket No. 25) and (2) the motion of plaintiff Gloria D. Nowlin (“Now-lin”) for summary judgment (Docket No. 29). These motions are effectively cross-motions for summary judgment on the final remaining issue in this case, whether Eastern is obligated to pay Nowlin a twenty percent penalty on any or all of the benefits that Nowlin received from the Black Lung Disability…