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MARMON COAL v. WORKERS' COMPENSATION PROG. OFFICE

No. 12-3388.

726 F.3d 387 (2013)

MARMON COAL COMPANY; International Business and Mercantile Reassurance Company, Petitioners v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Ethel D. Eckman, Widow of John H. Eckman, Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 8, 2013.

Attorney(s) appearing for the Case

Laura M. Klaus, Esq. , Mark E. Solomons, Esq. (argued), Greenberg Traurig, Washington, DC, for Petitioners.

Rae Ellen James, Esq. , Barry H. Joyner, Esq. (argued), Gary K. Stearman, Esq. , United States Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Department of Labor.

Robert J. Bilonick, Esq. , Pawlowski, Bilonick & Long, Ebensburg, PA, for Ethel D. Eckman.

Before: SMITH, FISHER and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Marmon Coal Company and its carrier (collectively, "Marmon") petition for review of a decision by the Benefits Review Board (the "Board") of the U.S. Department of Labor (the "DOL"), which confirmed an award of survivors' benefits to Ethel Eckman under the Black Lung Benefits Act (the "BLBA"), 30 U.S.C. § 901 et seq., as amended by the Patient Protection and Affordable Care Act (the "ACA"), Pub.L. No...

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