Legal Opinion
Lucy C. Wisor, Widow of Edward L. Wisor v. Director Office of Worker's Compensation Programs, United States Department of Labor
Court of Appeals for the Third Circuit
Decided November 21, 1984No. 84-3130PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal we determine that a miner employed in a clay mine is not covered by the Black Lung Act even though his work entails some exposure to coal dust. Accordingly, we will affirm the denial of benefits by the Benefits Review Board.
Petitioner sought Black Lung benefits for the death of her husband. After a hearing, an AU denied her claim because the decedent was not a coal miner. The Benefits Review Board affirmed and petitioner appealed.
The decedent, Edward L. Wisor, was employed as a clay miner for approximately 33 years by Harbison-Walker…
2Cases cited6 opinions
- Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
- Amigo Smokeless Coal Company v. Director, Office of Workers' Compensation Programs, U. S. Dept. Of Labor, and Clarence BowerCourt of Appeals for the Fourth Circuit · 1981
- Louisville and Nashville Railroad Co. v. Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Sixth Circuit · 1983
- Kitty B. Roberts and James E. Roberts, Wage Earner v. Casper Weinberger, Secty. Of HewCourt of Appeals for the Fourth Circuit · 1975
- Robert Sexton v. F. David Mathews, Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Elliot Coal Mining Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1994
- Elliot Coal Mining Company, Inc. v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1994
- Cornelius Foreman v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1986
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Consolidation Coal Company and William PetraccaCourt of Appeals for the Sixth Circuit · 1989
- Ernest F. Hanna v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1988
14 more not listed; retrieve them via the Exa API.