6th Circuit Overturns Miner's Award of Black Lung Benefits

The U.S. 6th Circuit Court of Appeals overturned an award of benefits to a coal miner, finding the administrative law judge had erred in calculating the length of the miner's employment. Case: Aberry Coal v. Fleming, No. 15-3999, 12/01/2016, published. Facts: Joseph Fleming had a sporadic work history in the coal industry. Between 1970 and 1991, Fleming worked for 25 mining companies. Procedural History: On July 19, 2010, Fleming filed a claim under the Black Lung Benefits Act. The Department of Labor’s Office of Workers’ Compensation issued findings of fact and conclu...