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U.S. STEEL MIN. CO., LLC v. DIRECTOR, OWCP

No. 11-14468.

719 F.3d 1275 (2013)

U.S. STEEL MINING COMPANY, LLC, Petitioner, v. DIRECTOR, OWCP, Kathy Starks, Widow of Eligah Starks (Deceased), Respondents.

United States Court of Appeals, Eleventh Circuit.

June 27, 2013.

Attorney(s) appearing for the Case

Neil Richard Clement , David E. Malick , Richardson Clement, PC, Birmingham, AL, for Petitioner.

Helen Hart Cox , Michelle Seyman Gerdano , Sean G. Bajkowski , Steven Breeskin , Gary A. Steinberg , U.S. Dept. of Labor, Office of the Solicitor, Thomas O. Shepherd , USDOL Benefits Review Board, Washington, DC, Abigail P. Van Alstyne , Quinn, Connor, Weaver, Davies & Rouco, LLP, Birmingham, AL, for Respondents.

Before WILSON and COX, Circuit Judges, and VOORHEES, District Judge.

COX, Circuit Judge:

Federal law establishes a program that provides benefits to miners who suffer from pneumoconiosis, a respiratory illness colloquially known as black lung disease. The program also allows certain surviving relatives of a miner to claim benefits after the miner's death. Until 2010, a survivor was required to show that the miner died due to pneumoconiosis before the survivor could receive statutory benefits. But since the Patient Protection and Affordable...

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