Legal Opinion

Paul D. Clark v. Crown Construction Company v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party-In-Interest

Court of Appeals for the Eighth Circuit

Decided December 7, 1989No. 88-2275PublishedCited by 9 opinions

1Opinion of the Court

DUMBAULD, Senior District Judge.

Appellant seeks review of a decision of the Benefits Review Board in the Department of Labor denying his claim for “black lung” benefits based upon his work as a truck driver loading and hauling coal. 1 We affirm.

It will be helpful to discuss briefly in limine this Court’s jurisdiction over this type of case. 2 “Black lung” (pneumoconio-sis) was first recognized as a disabling and deadly disease by the Coal Mine Safety and Health Act of December 30, 1969, 83 Stat. 742, 792. At first claims were handled by the Department of Health, Education, and Welfare 3 under…

2Cases cited19 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  3. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  4. Hassett v. WelchSupreme Court of the United States · 1938
  5. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988

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3Cited by9 opinions

  1. United States v. Carlton Earl Griner, United States of America v. Lonnie Vernon Davis, Sr.Court of Appeals for the Eighth Circuit · 2004
  2. Brown v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1990
  3. Consolidation Coal Co. v. HageCourt of Appeals for the Eighth Circuit · 1990
  4. Albert Raymond Oliver v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1989
  5. Robert West v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1990

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