Legal Opinion

Consolidation Coal Company v. Vivian E. Smith and Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Eighth Circuit

Decided January 15, 1988No. 86-2397PublishedCited by 11 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

This matter is before the Court for the second time. See Consolidation Coal Co. v. Smith, 699 F.2d 446 (8th Cir.1983). The claimant, Vivian Smith, seeks survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. When the case was first here, we remanded it to the Bene fits Review Board with directions to remand to the Administrative Law Judge (AU) for more definite findings on whether Ms. Smith’s husband, Henry Smith, had pneumoconiosis (black lung disease). The AU reconsidered the matter and denied benefits. The Benefits Review Board reversed and…

2Cases cited8 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Bowen v. City of New YorkSupreme Court of the United States · 1986
  4. Bethlehem Mines Corp. v. MasseyCourt of Appeals for the Fourth Circuit · 1984
  5. Frank J. Carozza v. United States Steel Corporation and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1984

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3Cited by11 opinions

  1. Richard Couty v. Elizabeth Dole, Secretary, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1989
  2. Peabody Coal Co. v. ShonkCourt of Appeals for the Seventh Circuit · 1990
  3. Mike Mangus v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Price River Coal Co.Court of Appeals for the Tenth Circuit · 1989
  4. Clean Harbors Environmental Services, Inc. v. Alexis M. Herman, Secretary, United States Department of Labor and Thomas Dutkiewicz, IntervenorCourt of Appeals for the First Circuit · 1998
  5. Mary Logsdon, Widow of Vaughn Logsdon v. Director, Owcp, U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 1988

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