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Former Coal Miner Waited Too Long to Appeal Denial of Black Lung Claim

By WorkCompCentral

Wednesday, August 23, 2017 | 216 | 0 | 0 min read

The U.S. 4th Circuit Court of Appeals ruled that a former coal miner missed the deadline to seek review of the denial of his claim for Black Lung Benefits by waiting for the Benefits Review Board decision on his request for reconsideration. Case: McVey v. S.S. Joe Burford Inc., No. 17-1683, 08/21/2017, unpublished. Facts and procedural history: Roger K. McVey worked as a coal miner for several years before filing an application for benefits under the Black Lung Benefits Act. An administrative law judge denied his claim, and the Benefits Review Board upheld this decision. After the board sub...

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