Legal Opinion

John A. Soubik, of the Estate of Cecilia Soubik v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Third Circuit

Decided April 30, 2004No. 03-1668PublishedCited by 22 opinions

1Opinion of the Court

McKEE, Circuit Judge.

The widow of a deceased coal miner1 returns to this court to appeal the Benefits Review Board’s third denial of her claim for survivor’s benefits under the Black Lung Benefits Act (“BLBA”), 30 U.S.C. §§ 901-945. She claims that the ALJ did not properly weigh the lay and medical evidence on remand following our earlier decision, Soubik v. Office of Workers’ Compensation Programs, 181 F.3d 85, 1999 WL 529893 (3d Cir. June 25, 1999) (“Soubik I”), and that the Board should not have affirmed the AL J’s decision. For the reasons that follow, we will once again reverse and…

2Cases cited14 opinions

  1. Podedworny v. HarrisCourt of Appeals for the Third Circuit · 1984
  2. Piney Mountain Coal Co. v. MaysCourt of Appeals for the Fourth Circuit · 1999
  3. Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1996
  4. Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1989
  5. Peter Kowalchick v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1990

9 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Fleisher v. Standard InsuranceCourt of Appeals for the Third Circuit · 2012
  2. Hobet Mining, LLC v. Carl Epling, Jr.Court of Appeals for the Fourth Circuit · 2015
  3. Helen Mining Co. v. Director OWCPCourt of Appeals for the Third Circuit · 2011
  4. Desmond Maynard v. VI Comm LaborCourt of Appeals for the Third Circuit · 2012
  5. Lake v. Aetna Life InsuranceDistrict Court, D. New Jersey · 2014

17 more not listed; retrieve them via the Exa API.

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