The U.S. 6th Circuit Court of Appeals upheld an award of black lung benefits to a miner and his widow, finding that the insurance carrier for the miner’s last employer had failed to rebut a series of presumptions that allowed for the claims to be compensable.
Case: Zurich American Insurance Group v. Duncan, No. 17-3625, 05/03/2018, published.
Facts and procedural history: Raymond Duncan spent more than 20 years working in coal mines before developing severe respiratory issues.
He filed a claim for black lung benefits in May 2009. At the hearing on his claim, Duncan testified...
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