Legal Opinion

Peabody Coal Co. v. White

Court of Appeals for the Sixth Circuit

Decided February 3, 1998No. 96-4242PublishedCited by 5 opinions

1Opinion of the CourtClay, J., joined by Batchelder, J.,

RYAN, J. (pp. 420-21), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioners, Peabody Coal Company (“Peabody”) and Old Republic Insurance Company, appeal the decision of the Administrative Law Judge (“ALJ”) granting black lung benefits to respondent, Carl White (“White”). The Benefits Review Board of the Department of Labor (“Board”) affirmed the ALJ’s decision. For the reasons set forth below, we REVERSE the Board’s order in part, AFFIRM in part and REMAND for further proceedings as set out below.

*418I.

On July 5, 1979, White filed a claim…

2Cases cited4 opinions

  1. Johnnie York v. Benefits Review Board Director, Office of Workers' Compensation Programs United States Department of LaborCourt of Appeals for the Sixth Circuit · 1987
  2. Peabody Coal Co. v. GreerCourt of Appeals for the Sixth Circuit · 1995
  3. Harlan Bell Coal Co. And Old Republic Insurance Company v. Dewey LemarCourt of Appeals for the Sixth Circuit · 1990
  4. Cal-Glo Coal Co. v. YeagerCourt of Appeals for the Sixth Circuit · 1997

3Cited by5 opinions

  1. Island Creek Coal Company v. Arthur W. Holdman, (Deceased) Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2000
  2. Island Creek Coal Co v. HoldmanCourt of Appeals for the Sixth Circuit · 2000
  3. Peabody Coal Co. v. FergusonCourt of Appeals for the Sixth Circuit · 1998
  4. Peabody Coal Company v. Carl WhiteCourt of Appeals for the Sixth Circuit · 1998
  5. Sexton v. Switch Energy Coal Corp.Court of Appeals for the Sixth Circuit · 2001

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