The U.S. 6th Circuit Court of Appeals upheld a long-time coal miner’s entitlement to black lung benefits, rejecting the employer’s challenges as reiterations of previously unsuccessfully arguments asserted against reliance on the Black Lung Benefits Act’s preamble and regulations to impose liability on mine operators.
Randell Shepherd filed a claim under the Black Lung Benefits Act. He claimed he was entitled to benefits because evidence showed that he had mined for over 18 years and had chronic bronchitis.
The act provides that “if a miner was employed for 15 years o...
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