Justia Injury Law Opinion Summaries

The Fourth Circuit denied the Fund's petition for review of a decision awarding black lung benefits to a former coal miner. The court held that the ALJ's determination was supported by substantial evidence and the miner was eligible for benefits under the Black Lung Benefits Act. In this case, because the miner had developed a totally disabling respiratory impairment after working in underground coal mines for over fifteen years, it could be presumed that he suffered from pneumoconiosis arising from his coal-mine employment. Furthermore, the miner's employer could not rebut that presumption. View "West Virginia CWP Fund v. DOWCP" on Justia Law

The Fourth Circuit denied the Fund's petition for review of a decision awarding black lung benefits to a former coal miner. The court held that the ALJ's determination was supported by substantial evidence and the miner was eligible for benefits under the Black Lung Benefits Act. In this case, because the miner had developed a totally disabling respiratory impairment after working in underground coal mines for over fifteen years, it could be presumed that he suffered from pneumoconiosis arising from his coal-mine employment. Furthermore, the miner's employer could not rebut that presumption. View "West Virginia CWP Fund v. DOWCP" on Justia Law

The Fourth Circuit affirmed the denial of Westmoreland's petition for review of the Board's final decision and order granting federal disability benefits to plaintiff, a retired coal miner, under the Black Lung Benefits Act, 30 U.SC. 901 et seq. The court held that substantial evidence supported the ALJ's decision and order to award plaintiff benefits and the decision otherwise accords with applicable law. In this case, plaintiff timely brought his claim; given the array of evidence presented, substantial evidence supported the ALJ's calculation of plaintiff's smoking history; the ALJ did not err in rejecting Dr. Rosenberg's opinion regarding the ability to show particularized causation; and the ALJ did not reversibly err in concluding that Westmoreland failed to carry its "strict" and "substantial" burden to completely rule out coal dust exposure as a cause of plaintiff's disability. View "Westmoreland Coal Co. v. Stallard" on Justia Law