Tenth Circuit Extinguishes Energy West's Claims

Law360, New York (May 24, 2007, 12:00 AM EDT) -- In a defeat for Energy West Mining Co., a federal appeals court has declined to reverse an earlier ruling that ordered the coal mining company to shell out compensation payments to a former employee who allegedly contracted black lung disease.

The U.S. Court of Appeals for the Tenth Circuit on Wednesday ruled unanimously in favor of the Department of Labor’s Benefits Review Board and former Energy West employee Don Johnson, rejecting the company’s claim that smoking was the root cause of the worker’s health problems....
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