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4th Circuit to Decide Question on Black Lung Survival Claims

Wednesday, December 12, 2012 | 0

By John P. Kamin, ReporterA coal mining corporation has asked a federal appellate court to overturn Benefits Review Board decisions that allow sick miners' survivors to re-file survival claims that had been previously denied.Union Carbide Corp. is challenging a new line of case law at the U.S. Circuit Court of Appeals for the 4th Circuit, which is allowing deceased miners’ spouses a second chance to obtain survivors benefits under the Black Lung Benefits Act.  The company appealed the Benefits Review Board's Jan. 9 decision in the case of Richards v. Union Carbide Corp., whi...

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