4th Circuit Upholds Award of Black Lung Benefits for Miner

Three times was the charm for a coal miner who secured an affirmance of black lung benefits from the U.S. 4th Circuit Court of Appeals after twice having the court reverse his awards. Case: Consolidation Coal Co. v. Latusek, No. 16-1768, 01/09/2018, unpublished. Facts and procedural history: Theodore Latusek worked as a coal miner in West Virginia for almost 24 years. He spent his entire career with the Consolidation Coal Co. Latusek applied for black lung benefits in 1994 after he became disabled by interstitial pulmonary fibrosis. An administrative law judge awarded benefits to...