ALJ Can Rely on Regulatory Preamble to Reject Expert Opinions

A federal appellate court ruled that an administrative law judge properly relied on the preamble to the Department of Labor's regulatory definition of pneumoconiosis in finding a coal miner’s widow was entitled to compensation under the Black Lung Benefits Act. Case: Wilgar Land Co. v. OWCP, No. 22-3709, 10/31/2023, published. Facts: Tony Lee Adams developed an obstructive disease after smoking and working in coal mines. He had started smoking when he was 18 and averaged about a pack a day for most of his life. Adams also spent most of his coal-mining career underground ...