A federal appellate court upheld an award of black lung benefits to a miner, ruling that his claim was timely filed and that the finding of total disability was supported by substantial evidence.
Case: West Virginia CWP Fund v. OWCP, No. 21-1903, 07/11/2023, unpublished.
Facts and procedural history: Jesse L. Athey filed a claim under the Black Lung Benefits Act.
An administrative law judge found the claim was timely filed and that Athey’s total disability was due to pneumoconiosis.
The Benefits Review Board affirmed.
Analysis: The U.S. 11th Circuit Court of A...
Comments