CUMBERLAND RIVER COAL CO. v. BANKS

No. 11-3500.

690 F.3d 477 (2012)

CUMBERLAND RIVER COAL COMPANY, Petitioner, v. Billie BANKS; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

August 8, 2012.


Attorney(s) appearing for the Case

ON BRIEF: Ronald E. Gilbertson , Husch Blackwell LLP, Washington, D.C., for Petitioner. Joseph E. Wolfe , Ryan C. Gilligan , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, Emily Goldberg-Kraft , Sean G. Bajkowski , United States Department of Labor, Washington, D.C., for Respondents.

Before: SILER and WHITE, Circuit Judges; REEVES, District Judge.


OPINION

DANNY C. REEVES, District Judge.

This case arises from a series of petitions for benefits under the federal Black Lung Benefits Act. After two unsuccessful attempts, Appellee Billie Banks filed a claim for benefits in 2003, presenting new evidence of pneumoconiosis. An administrative law judge (ALJ) found that Banks had established a change in his condition and that he suffered from legal pneumoconiosis which substantially contributed to his total...

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