ENERGY WEST MINING CO. v. OLIVER

No. 07-9588.

555 F.3d 1211 (2009)

ENERGY WEST MINING COMPANY, Petitioner, v. John OLIVER; Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Tenth Circuit.

February 20, 2009.


Attorney(s) appearing for the Case

William S. Mattingly, of Jackson Kelly, PLLC, Morgantown, WV, for Petitioner.

Martin J. Linnet (Jonathan Wilderman with him on the brief), of Wilderman & Linnet, P.C., Denver, CO, for Respondent John Oliver.

Helen H. Cox, Attorney (Gregory F. Jacob, Solicitor of Labor; Rae Ellen James, Acting Associate Solicitor; and Patricia M. Nece, Counsel for Appellate Litigation, with her on the brief), U.S. Department of Labor, Washington, D.C., for Respondent Office of Workers' Compensation Programs.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

This is a petition to review the judgment of the Department of Labor's Benefits Review Board. The Board upheld retired miner John Oliver's claim to black lung benefits from his longtime employer, Energy West Mining Company. Energy West's petition asserts two grounds for relief. First, it claims the Board's benefits award is not supported by substantial evidence. Second, Energy West argues that its liability to Mr. Oliver should be transferred...

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