US 11th: 'One Element' Test Governs Black Lung Appeals

The United States Court of Appeals for the 11th Circuit affirmed the award of black lung benefits using the "one element" standard in proving a "material change" in condition. In US Steel Mining Co. v. Director, OWCP (09/28/04 - No. 03-13526) Roderick Jones worked for twenty-two years as a coal miner in Alabama, before leaving the mines in 1993, at the age of 41. Jones quit working as a miner because his "body wouldn't take it anymore," and that "it came to the point that I couldn't breathe and do a job like I should do it." Since leaving the mines, Jones has not worked, except as a pasto...