10th Circuit Upholds Award of Black Lung Benefits for Man Who Worked Open-Pit Mines

The U.S. 10th Circuit Court of Appeals upheld an award of black lung benefits to a coal miner, finding he was entitled to a presumption that he was totally disabled due to pneumoconiosis after a long career working in open-pit mines. Case: Spring Creek Coal Co. v. McLean, No. 17-9515, 02/05/2018, published. Facts: Bradford McLean began working for the Big Horn Coal Co. in 1977. He spent nine years with the company, working in open-pit mines. In 1987, McLean moved on to a job with the Spring Creek Coal Co. in Montana. His work with Spring continued to be in open-pit mines. McLean allegedly ...