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Terms of Settlement Prevent Widow From Challenging Offset to BLBA Benefits

Wednesday, March 24, 2021 | 0

A federal appellate court ruled that a worker’s widow could not challenge a reduction in the amount payable under the Black Lung Benefits Act because of his prior settlement of a workers’ compensation claim for pneumoconiosis. Case: Bailey ex rel. Bailey v. Director OWCP, No. 20-1075, 03/11/2021, published. Facts and procedural history: Charles Bailey worked for years as a coal miner. He filed a workers’ compensation claim in Illinois after he developed pneumoconiosis. In July 2002, Bailey settled his workers’ compensation claim. The settlement acknowledged he had a ...

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