WEST VIRGINIA CWP FUND, as carrier for Olga Coal Company, Petitioner,
v.
Elsie L. STACY, surviving spouse of Howard W. Stacy; Director, Office of Workers' Compensation Programs, Respondents.
Association of Bituminous Contractors, Incorporated; Old Republic Insurance Company, Amici Supporting Petitioner,
United Mine Workers of America; Timothy Christopher MacDonnell, Esq., Amici Supporting Respondents.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
ON BRIEF: Wendy G. Adkins , Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. Joseph E. Wolfe , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondent Stacy. M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Maia S. Fisher , United States Department of Labor, Washington, D.C., for Federal Respondent. Mary Lou Smith , Howe, Anderson & Steyer, P.C., Washington, D.C., for Association of Bituminous Contractors, Amicus Supporting Petitioner. Mark E. Solomons , Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Old Republic Insurance Company, Amicus Supporting Petitioner. Arthur Traynor , International Union, United Mine Workers of America, Triangle, Virginia, for United Mine Workers of America, Amicus Supporting Respondent. Timothy C. MacDonnell , Micah P.S. Jost , Student Caseworker , Jacob L. Triolo , Student Caseworker , Washington and Lee University School of Law, Black Lung Legal Clinic, Lexington, Virginia, for Timothy Christopher MacDonnell, Amicus Supporting Respondent.
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge WYNN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINSON, Circuit Judge:
This case involves a widow's claim for survivors' benefits under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-944, as amended by the Patient Protection and Affordable Care Act ("PPACA"), Pub.L. No. 111-148, § 1556, 124 Stat. 119, 260 (2010). The PPACA amendments revived Section 422(l) of the BLBA, 30 U.S.C. § 932(l), which provides that...
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