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MINGO LOGAN COAL COMPANY v. OWENS

No. 11-2418.

724 F.3d 550 (2013)

MINGO LOGAN COAL COMPANY, Petitioner, v. Erma Jean OWENS, widow of Dallas R. Owens; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2013.

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly , Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. John Crawford Cline , Piney View, West Virginia; Sarah Marie Hurley , United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Ashley M. Harman , Jeffrey R. Soukup , Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Sean G. Bajkowski , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Federal Respondent.

Petition for review denied by published opinion. Judge Niemeyer wrote the opinion, in which Judge Davis and Judge Diaz joined. Judge Niemeyer wrote a separate concurring opinion.

NIEMEYER, Circuit Judge:

After nearly 30 years of coal mine employment, Dallas Owens became totally disabled because of breathing difficulties, and in April 2008, he filed a claim for black lung benefits. An Administrative Law Judge ("ALJ") found that Owens' claim triggered the rebuttable presumption for benefits under 30 U.S.C. § 921(c)(4), available to miners who are totally disabled and have worked 15 years or more in underground coal mines, and that Mingo...

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