Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation Programs
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Petition for review denied by published Opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.
KING, Circuit Judge:
Eastern Associated Coal Corporation petitions for review of the 2014 decision of the Benefits Review Board (the “BRB”) affirming an award of black lung benefits to Arvis R. Toler. Toler first applied for black lung benefits in 1993, but that claim was denied. In granting Toler’s second claim for benefits, which was filed in 2008, an administrative law judge (“ALJ”) invoked the rebuttable presumption that a coal miner with a fifteen-year work history…
2Cases cited26 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Crowell v. BensonSupreme Court of the United States · 1932
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
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