6th Circuit Rejects Mine Operator's Constitutional Challenge to Award of Black Lung Benefits

A federal appellate court upheld an award of black lung benefits to a veteran coal miner, finding his employer failed to timely raise its constitutional challenge to the authority of the administrative law judge who issued the award. Case: Island Creek Coal Co. v. Wilkerson, No. 18-3147, 12/03/2018, published. Facts and procedural history: Jay Wilkerson worked as a coal miner for more than 25 years. In 1994, he retired from his position as an electrician with the Island Creek Coal Co. In 2012, Wilkerson filed an application for benefits under the Black Lung Benefits Act. Administr...