DOL Botched Coal Miner Black Lung Ruling, 6th Circ. Says

Law360, New York (December 1, 2016, 7:27 PM EST) -- The Sixth Circuit on Thursday reversed a U.S. Department of Labor ruling that a coal miner was automatically entitled to black lung benefits, saying there was no evidence that the miner worked long enough to be eligible for the automatic disability presumption under the Black Lung Benefits Act.

The DOL's Benefits Review Board had awarded Joseph Fleming black lung benefits after affirming an administrative law judge's determination that he was entitled to a presumption of total disability under the BLBA because he was employed in coal...
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