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4th Circuit Rejects Employer's Challenge to Timeliness of Coal Miner's Black Lung Benefits Claim

By WorkCompCentral

Tuesday, December 5, 2017 | 406 | 0 | 0 min read

The U.S. 4th Circuit Court of Appeals ruled that a former coal miner filed a timely claim under the Black Lung Benefits Act nearly 20 years after he left the industry. Case: Westmoreland Coal Co. v. Stallard, No. 16-1460, 11/29/2017, published. Facts: Herskel Stallard worked as a coal miner for more than 30 years. In 1990, Dr. Charles P. Maine told Stallard that he had black lung disease and advised Stallard to stop working as a miner. Stallard still returned to work, despite the doctor’s advice. In 1993, Stallard experienced carbon monoxide poisoning while at work, and two ...

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