CLINCHFIELD COAL CO. v. COX

No. 77-2207.

611 F.2d 47 (1979)

CLINCHFIELD COAL COMPANY, Petitioner, v. Sidney COX, widow of Claude Cox; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1979.


Attorney(s) appearing for the Case

Elizabeth S. Woodruff, Abingdon, Va. (J. Thomas Fowlkes, Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for petitioner.

S. Strother Smith, III, Abingdon, Va. (Smith, Robinson & Vinyard, Abingdon, Va., on brief), for respondent Cox.

Lee D. Richardson, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D. C., on brief), for respondent Director, Office of Workers' Compensation Programs, U. S. Dept. of Labor.

Before BUTZNER, HALL and PHILLIPS, Circuit Judges.


PER CURIAM:

Employer Clinchfield Coal Company appeals from an order of the Benefits Review Board awarding black lung benefits, attorney's fees and interest to Sidney Cox, claimant widow of the deceased coal miner Claude Cox. The primary issue is whether a successful black lung claimant is entitled to interest on his award for any time preceding the decision awarding benefits. The Board ordered interest to be paid on monthly benefits from the dates each accrued before...

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