Legal Opinion
Big Branch Resources, Inc. v. John Ogle
Court of Appeals for the Sixth Circuit
Decided December 17, 2013No. 13-3251PublishedCited by 61 opinions
1Opinion of the Court
OPINION
KAREN NELSON MOORE, Circuit Judge.
In this case, the Benefits Review Board (“the Board”) affirmed the decision of the administrative law judge (“ALJ”) granting John A. Ogle’s claim for federal black lung benefits. The West Virginia Coal Workers’ Pneumoconiosis Fund (“the Fund”) as insurer of the defunct Big Branch Resources, Inc. petitions for review of that decision, claiming that the ALJ erred on several grounds. In particular, the Fund argues that the ALJ improperly restricted the Fund’s ability to rebut the fifteen-year presumption and that the ALJ applied the wrong standard for…
2Cases cited20 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
- Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984
- Ramey v. Kentland Elkhorn Coal Corp.Court of Appeals for the Sixth Circuit · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Island Creek Coal Co. v. Melyndia BryanCourt of Appeals for the Sixth Circuit · 2019
- Dixie Fuel Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 2016
- West Virginia CWP Fund v. Page Bender, Jr.Court of Appeals for the Fourth Circuit · 2015
- Antelope Coal Co./Rio Tinto Energy America v. GoodinCourt of Appeals for the Tenth Circuit · 2014
- Island Creek Kentucky Mining v. Roy Ramage, Sr.Court of Appeals for the Sixth Circuit · 2013
56 more not listed; retrieve them via the Exa API.