Regulatory Preamble Can Support Award of Black Lung Benefits

A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran coal miner. Case: Safeco Insurance v. OWCP, No. 23-1083, 06/10/2024, published. Facts: Richard McLain worked in a coal mine for 18 years. He also smoked about half a pack a day. In 1985, McLain had a heart attack, prompting him to quit smoking and retire. In 2010, a pulmonologist found that McLain suffered from an obstructive lung disease causing chest pain and shortness of breath. Soon after, McLain filed a claim under...