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BUCK CREEK COAL CO. v. SEXTON

No. 11-4304.

706 F.3d 756 (2013)

BUCK CREEK COAL COMPANY; Old Republic Insurance Company, Petitioners, v. Gay Nell SEXTON, widow of and on behalf of Frable Sexton; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

January 10, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Laura Metcoff Klaus , Mark E. Solomons , Greenberg Traurig, LLP, Washington, D.C., for Petitioners. Miller Kent Carter , Carter & Lucas, Attorneys, Pikeville, Kentucky, William L. Roberts , William Lawrence Roberts, P.S.C., Pikeville, Kentucky, for Sexton Respondent. Michelle S. Gerdano , Gary K. Stearman , United States Department of Labor, Washington, D.C., for Government Respondent.

Before: BATCHELDER, Chief Judge; MERRITT and KETHLEDGE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Frable Sexton, a long-time smoker and career coal miner, filed a series of petitions for benefits under the Black Lung Benefits Act. This case arises from his final petition and award of benefits. After filing for benefits in 2001, Mr. Sexton passed away. However, an administrative law judge, hearing both Mr. Sexton's claim and his widow's survivor claim, found that the medical evidence established a change in Mr. Sexton's...

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