Legal Opinion
Hobet Mining, LLC v. Carl Epling, Jr.
Court of Appeals for the Fourth Circuit
Decided April 17, 2015No. 13-1738PublishedCited by 48 opinions
1Opinion of the Court
PAMELA HARRIS, Circuit Judge:
Hobet Mining, LLC (“Hobet”) petitions for review of a decision awarding black lung benefits to Carl R. Epling, Jr. (“Epling”). The administrative law judge (“ALJ”) found that Epling was entitled to the benefit of the so-called “fifteen-year presumption,” a statutory provision that presumes eligibility for benefits when a claimant suffers from a totally disabling respiratory or pulmonary impairment and has fifteen years of qualifying coal mine employment. See 30 U.S.C. § 921(c)(4). Because Hobet had failed to rebut that presumption, the ALJ concluded, Epling was…
2Cases cited9 opinions
- Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
- Harman Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2012
- Willard M. Toler v. Eastern Associated Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
- Pauline D. Rose (Widow of Charlie C. Rose) v. Clinchfield Coal CompanyCourt of Appeals for the Fourth Circuit · 1980
- West Virginia CWP Fund v. Page Bender, Jr.Court of Appeals for the Fourth Circuit · 2015
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Sea "B" Mining Company v. Shirley AddisonCourt of Appeals for the Fourth Circuit · 2016
- Westmoreland Coal Company v. Herskel StallardCourt of Appeals for the Fourth Circuit · 2017
- West Virginia CWP Fund v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2018
- Spring Creek Coal Co. v. McLean Ex Rel. McLeanCourt of Appeals for the Tenth Circuit · 2018
- Island Creek Coal Company v. Jerry BlankenshipCourt of Appeals for the Fourth Circuit · 2024
43 more not listed; retrieve them via the Exa API.