BRIDGER COAL CO. v. DIR., WORKERS' COMP. PROGRAMS

No. 11-9531.

669 F.3d 1183 (2012)

BRIDGER COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, and Delores Ashmore (Widow of and on behalf of Merrill Lambright), Claimant.

United States Court of Appeals, Tenth Circuit.

February 28, 2012.


Attorney(s) appearing for the Case

Ronald E. Gilbertson , Husch Blackwell LLP, Washington, DC, for Petitioner.

Barry H. Joyner , Attorney ( M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, and Patricia M. Nece , Counsel for Appellate Litigation, with him on the brief), Office of the Solicitor, U.S. Department of Labor, Washington, D.C., for Respondent.

Before KELLY, MURPHY, and O'BRIEN, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Under the Black Lung Benefits Act ("the Act"), a coal miner who is totally disabled due to pneumoconiosis1 from coal mine employment is entitled to lifetime benefits. 30 U.S.C. § 901(a). If the miner dies due to pneumoconiosis from coal mine employment, the miner's surviving spouse is entitled to benefits. Id. In 2005, pursuant to the Act's administrative provisions, an Administrative...

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