PINEY MOUNTAIN COAL COMPANY, Petitioner,
v.
Shirley MAYS, Widow of James R. Mays; Betty Jean Mays, Divorced spouse of James R. Mays, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 27, 1998.
Decided May 5, 1999.
Attorney(s) appearing for the Case
ARGUED: Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Chartered, Washington, D.C., for Petitioner. Martin Douglas Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Virginia; Mark S. Flynn, Senior Appellate Attorney, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Bobby Belcher, Wolfe & Farmer, Norton, Virginia, for Respondent Shirley Mays. Marvin Krislov, Deputy Solicitor for National Operations, Allen H. Felman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director.
Before NIEMEYER and MICHAEL, Circuit Judges, and ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge MICHAEL wrote the opinion,in which Judge ANDERSON joined. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.
OPINION
MICHAEL, Circuit Judge:
Piney Mountain Coal Company petitions for review of an order of the Department of Labor's Benefits Review Board (BRB) affirming the decision of an administrative law judge (ALJ) to award survivor's black lung...
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