Legal Opinion
Eastern Associated Coal Corporation v. Director, Office of Workers' Compensation Programs, United States Department of Labor Pearl D. Scarbro
Court of Appeals for the Fourth Circuit
Decided July 12, 2000No. 99-1312PublishedCited by 20 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.
OPINION
NIEMEYER, Circuit Judge:
The Department of Labor’s Benefits Review Board affirmed an award of survivor’s benefits to Pearl Scarbro under the Black Lung Benefits Act, based on the administrative law judge’s finding that Scarbro successfully invoked the irrebuttable presumption under 30 U.S.C. § 921(c)(3) and 20 C.F.R. § 718.304 that the death of her husband, a coal miner, was due to pneumo-coniosis. Rejecting the coal company’s challenge on various grounds to the proper…
2Cases cited10 opinions
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
- Piney Mountain Coal Co. v. MaysCourt of Appeals for the Fourth Circuit · 1999
- Carl C. Thorn v. Itmann Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Westmoreland Coal Co. v. CoxCourt of Appeals for the Fourth Circuit · 2010
- Consolidation Coal Company v. Director, Office of Workers' Compensation Programs, and James E. SteinCourt of Appeals for the Seventh Circuit · 2002
- The Daniels Company, Incorporated v. Freda Mitchell, Surviving Spouse of James Mitchell Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2007
- Bridger Coal Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 2012
- National Mining Ass'n v. ChaoDistrict Court, District of Columbia · 2001
15 more not listed; retrieve them via the Exa API.