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Court Upholds Denial of Miner's Third Claim for Black Lung Benefits

Monday, August 26, 2024 | 0

A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal mine industry from 1964 until 1974. From 1977 until 1988, he worked for Sewell Coal Co. Procedural history: In 1987, Hitt filed a claim for black lung benefits. The claim was administratively denied, and he did not appeal. Hitt filed a second claim in 1999, and this claim was also denied. In 2018, Hitt filed a third claim. An administrative law judge found that Hitt failed to prove he was to...

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